Star.
London, England, 1803-04-09 00:00:00

FATAL DUEL.

Groact Hoocsom, Efq. Coroner for the county
of Middlefex, attended on Thurfilay evening, at
the Chalk Farm Tavern, near Primrole hill, to
hold an inquelt upon the body of the late Colonel
Montgomery. A Jury being fummoned, regular
ly attended, and after they were (worn, proceeded
to examine the body ; hut in consequence of the
abfence of two-material witnelres, they were not
then able to come to a decifion. Having fatisfied
themfelves, however, Co far as any information
could be derived from a view of the body, they
were difcharged, and the farther enquiry was poll-
poned until fix o'clock yellerday evening, at which
hour they were ordered to attend at the South-
ampton Arms public-houfe, kept by Mr. Colville,
in Camden Town. In the mean time, at the
requelt of GEORGE BYNG, Efq. Member for Mid-
dicks, an order was granted for the removal of
the body of the Colonel to Mr. BYNG'S houfe,
in St. james'aquare. It was accordingly placed
immediately in a coffin, and conveyed to town
in a hearfe. Upon the arrival of the hearfe at
the Square, the coffin was taken nut, and car-
ried privately through the back offices into Mr. '
Byng's hnufe. At about feven o'clock yefterday
evening, the Coroner and the Jury aftembled pur-
fuant to adjournment, at the Southampton Arms,
and proceeded to intefligation this fatal bufinefs.
Mr. HEAVlstas depofed, that about five o'clock
on Wednefday afternoon, Qptain Macnamata's
nephew called upon him and Rated, that his uncle
was unfortunately engaged to fight a duel, and
wiffied him to attend him to the frit where it was
expe.fted to take place. On his attending tvlr. James
Macnamara to his Uncle, he found Capt. Barry I
along with him, when they got into a hackney.
coach and proceeded to the ground near Primrofe-
hill. When they arrived, they found Sir William
Keir on the ground, but Colonel Montgomery did
not appear for Come time afterwards : when he
arrived, the diflance of twelve paces was fixed.—
The Gentlemen took their Rands, and fired nearly
together. Colonel Montgomery fell t and not
having provided any forgical affiftance, the witnefs
offered his fervice, but on going up to him the
Colonel exclaimed," I am Riot through the heart,"
and immediately expired. The ball appeared to
hate entered between the fourth and fifth rib.—
Juft at this period, Capt. Barry called to the wit.
nefs to tell hith that Caps. Macnamara was wound.
ed. Mr. H. therefore went to his affiftance, and
found that the ball had entered juft above the right
hip, anti had traverfed the belly. Both the dc•
ceafed and Capt. M. were taken to Chalk Farm ;
and Ihortly after Capt. Barry, Capt. M. and him-
fzlf returned to town in the hackney coach. The II
witnefs then continued to Rate what lie difcnvered
on opening the body of the deeeafed, which he
had been required to do. The ball, he laid, had
naffed through the lobe of the lungs, and had torn
the large veil is in its pottage. There was a pot-
tion of the ribs on the right fide driven into the
lungs, and from three quarts to a gallon of blood
effufed into the cheft. On examining the infide of
the-ribs, on the left fide of the cheft, he foundmany
of them broken, which made him conclude that
the hall had paffed through the cheft. He took out
the ball from under the left Ihoulder blade, which
_mull have made hs way there between the firth
,and &tenth ribs.
Lord BuRCHURST raid, on coming out of St.
James's park, next to Hyde-park, on Wednefday
afternoon, he faw a number of horfemen and
Col. Montgomery among them ; he rode np to
him at that time, he was about so yards from the
railing next to Hyde•park gate. On one fide of
Col. Montgomery was a Gentleman on horfeback,
whom he believed was Capt. Macnamara. The
firft words he heard, were uttered by Col. M. who
laid, " Well, Sir, and I will repeat what I have
laid, if your dog attacks mine. I will knock him
down." To this Captain Macnamara replied,
" Well, Sir, but I conceive the language yon
hold is arrogant, and not to he pardoned."- Col.
M. laid, " this is not a proper place to argyle the
nutter ; if you feel yourfell injured, and with for
fatisfaetion, you know where to find rue." Capt.
M. replied, " not for what has happened, but if
you were to infult me, I would take notice of it
as loon as any man." Col. M. Aid, " No, Sir, I
with to Peek no quarrel, but I adhere to what I
originally laid, if your dog was to attack mine) I
would knock him down." Capt. M. again repeat.
ed, " it was arrogant language, and that he would
as Coon meet Colonel M. as any other man." Co),
M. again obfcrved, " he defired no quarrel
with him." Captain Ist. then rode on, but
fhortly turned round, and repeated, " that he
would as foon fight as any man," at the fame time
(baking a Rick at Col. Montgomery, which he
held in his hand. Col. M. And his friends then
rode out of the Park along Piccadilly, and were
about fifty yards behind Capt. M. and two Gen-
fleallen in company with him. From the conver-
t:ohm that took place, the witnefs confidered the
ditptre entirely fettled ; and under that can't :lion
Mr. W. Sloane quitted the party. The deceafed, '
se:th Mr. S. Sloane, and witnefs, rode down St.
James's.ftreet, and turned into Jermvnftreet.—
Capt. M. profited his way along Ficcatlillr—
About the middle of Jermyit-itreet, the party heard
a noife of horfes coming along the flreet. One of
the Gentlemen on horfeback he did not know ;1
the other was Mr. W. Sloane ; they were not quite
together ; the ftranger was one of thofe whom he
had feen riding along with Captain Macnamara.
When he came up to Col. Montgomery, he told
him he wifhed to (peak with him. Colonel Mont-
gomery replied, certainly. The Gentleman pointed
to the Colonel to go forward, which he did. Ccl.
M. then beckoned to Mr. W. Sloane, who had
tone on, to come to him; when he tame up Capt.
B. and Col. M. were pointing to their watches;
after which the Rranger left them, and returned
to Capt. M. who was at a Runt dißance. Witnefs
then rode it; to Col. Montgomery, and laid, Is
any thing going to happen ? He replied, No, no-
thing but an explanation, which is to take place at
my lodgings. Itiitnefs then went to an hotel in
lermyn-areet, and law Col. M. ride pall ; he iird
sled to him : this was about 23 minutes pail five
o'clock.

!qr. ST/ PHIIN SLOAPI.—T WU with rny brothet,
in Hyde Park. Colonel M. came up to my bro-
ther, whom he knew. We were retiring towards
Piccadilly from the bridge in the Park. The dogs
were then behind. Colonel M. looked round, and
upon Peeing his dog, which was quite a young
Newfoundland one, engaged fighting with another
oldie fame kind, but larger and ftronger, he got
off his honk in order to part them ; Colonel M.
()braving at the fame time that he would knock
the other dog down ii he flew upon his dog. Cap-
tain Maenamara then rode up, and Paid, if Colonel
M. knocked his dog down he mull knock him down
.allo. I have forgotten what was exaSly Colonel
Montgomery's anfwer, but I think it was, that the
Park was too public for the adjahnent of a dif-
puce. He then gave Captain M. his name, not
his card. Captain Macnamara then, in a violent
paflion, told his name, and that he was in the
Royal Navy. Captain M. ohferved it was arro-
gant to define him to call off his dog. Colonel M.
oblirved, Captain Macnamara could not fuppofe
he intended any infult to him, either by what he
had faid or done ; and he concluded by laying,
that if Captain Macnamara's dog did again com-
mit any violence, he would do what was in his
power to defend his own dog. They then paired
on together towards Fliccadilly, through the gate,
and feparated after a few paces—Captaia. M. and
his two friends rode along Piccadilly towards St.
James's.ftreet ; and the deceafed in company with
my brother, Lord Burghurft, and myfelf went the
fame way. When we got to St. James's-(freer,
my brother parted from us, and we turned along
Jermyn-ltreet nearly as far as St. James's church.
My brother came up to Colonel M. and was im-
mediately followed by another perfon, whO de•
fired to (peak to Colonel M. It was one of Cap-
tain Macnamara's party. The deceafed beckoned
me to come back, and alto Toy brother. The de.
ceafed, the Gentleman, and my brother went on a
few paces together. Colonel M. and the Gentle.
man took out their watches, and then Capt. M.'s
friend turned about and rode off towards St.
James's-fireet. I afked Colonel M. the reafon of
the perfon coming up ? he told me, it was in order
to appoint a meeting for the explanation of the
quarrel. Colonel M. then rode off towards St.
James's-fquare, and then returned and galloped
up Jermyn.ftreet. It was about twenty minutes
paft five. Colonel Montgomery's condo& through-
out was cool and unruffled by an/ paffion, except
at the moment when the dog was attacked.
Mr. WILLIAM Scciatic—When Colonel Mont-
gomery's dog was attacked, Col. M. jumped off
his bode to refcue him. Col. M. called out to
Captain Macnamara to take off his dog. Captain ,
M. replied," have you the arrogance to fay that I
am to take away my dog ?" I heard the expreflion
of arrogance made ufe of leveret times by Captain
M. Lord Burghurft joined us at this time. Col.
Montgomery expreffed a dilsnclination to quarrel,
but Paid," if Captain Macnamara felt himfelf hurt,
he knew where to find him." Both parties pro-
ceeded towards Piccadilly, Captain M. and his two
friends being a little before. In my opinion, the
difpute was ended before the parties left Piccadil-
ly. I had, however, fcarctly parted from Col.
M. and the other gentlemen in company with him,
when I obferved Capt. Macnamara and his friends
turn hick from Bond (treet, up which they had
begun to ride. I inflantly thought their turning
might refer to the difpute, and rode back to join
my party, which I aid as Capt. Barry rode up.—
Col. M. beckoned to me to ride forward with him-
felf and Capt. B.; Capt. B- then Paid to Cqlonel M.
"my friend cannot fuffcr thefe words to pars by, but
infilts on a meeting, and defines you wiil nanie time
and place." Col. M. faid, " matters of this conk-
quence were better fettled as loon as poflible." He
then appointed in two hours time; and added, that
he thought a piftol lhould be the weapon employed,
as it was molt tired in this country. The deceafed
'Allied me to go with him to Lord Paget's, but
his Lordfliip was out of town. He then hinted
that I might be his fecond, but I wilhed him to
confult thofe who had had more experience than
myfelf.—He then Paid he would go to Mr. Upton's
and defined me to gq.to Sir William Keir, which
I did, and told him all that happened. Sir Wil-
liam was quite (hocked at what had happened.—
Col. M. came in half an hour after, and afked Sir
William to he his fecond, which he contented to.
Col. M. afked him if he had got any pillols ; he
raid he had a brace, but they were out of order. I
fuppofe they were the piftols made ufe of. Col.
Montgomery afked me for the loan of my bode for
Sir William to ride to the deceafed's houfe. Sir
William enquired whether the deceafed or I knew
where Captain Macnamara was to be found ? He
Paid it would be neceflary to fee Captain M. or his
friend before any thing fo ferinus as a meeting took
place. They then rode away, and I Paw no more
of them.

Mr. MACNAMARA, nephew of Capt. Macnamara,
was neat examined. He laid he was in the Park
on Wednefday evening, and was prefent at the
difpute which took place between Colonel Mont-
gomery and Capt. Macnamara, on account of the
two Newfoundland dogs. Colonel Montgomery
difmotinted from his mare in a paffion, and laid
he would knock the dog down. Capt. Macnamara
anfwered, " then you mull knock me down, it is
my dog." The Colonel replied, " I do not care
if it is ; he (hall not hurt my dog :" this he re.
peated fcveral times. On Capt. Macnamara's fry.
ing, "then you (hall knock me down." The Co.
lonel Laid, " that may be as circumftances
happen; why did you not difmonnt, and take
your dog off r Capt. Macnamara anfwered, I
am not accuftomed to fuch arrogant language; I
am an Officer in his Majelly's Navy."' I'he Co-
lonel replied—" if you feel offended, you know
where to call upon me ;" at the fame time giving
Captain Macnamara his addrefs, adding, You
ought to take care of your dog." Capt. Macna-
mora replied—" I !hall do that without your per-
miffion." He then rode on, and Colonel Mont-
gomery followed at tome difiance behind. Wit-
nefs rode on with Capt. Barry and Capt. Macna.
mara, towards Piccadilly. The Colonel followed
at a (hors didance behind, and turned down St.
James's-flreet. Capt. Barry went, at Capt. Mac•
namarn's dchre, and followed Colonel Montgome•

ry, with direllions to report tl,tt C. pt. M.!cr..t
mara was ready to meet him on account of the
words avhich had paffed in the Park, and to giet•
him the choice of time, place-, and weapons.—
Captain Barry trel.t, in pui Mance of hi. orders.—
Witnefs, at this time, had the Colonel in view ;
and, upon Captain Barry's having fpoken to him,
he law the Colony pull out his watch, look at it,
and then beckon to a Gentleman at lime di.laree
behind to flop, which he did. Capt. B ors., :lite.
fpeaking to the Colonel; •Tetuitiej, ;Ind \\iinel..
heard him inform Capt. Macnamara that Colonel
Montgomery had appointed to deckle the diiputc
in two hours, and that he obierved, that the footle;
things of that defcription were decided the bet-
ter ; that he would meet at Primrofe Hill with
piflols, the only weapons that gentlemen generally
made ufe of. Witnefs then went to Surgeon Ilea-
vifide, and told hint that Capt. Macnamara was
to fight a duel, and that he mull attend. Surgeon
Heaviside accordingly met Capt. Macalarnara in
Piccadilly, and Capt. Barry loon after came up hi
a carriage, with pißols. They proceeded for
Primrofe Hill.—On their arrival at Primrofe Hill
they found Colonel Montgomery and Sir William
Heir upon the ground. Capt. Barry interfered,
and told Colonel Montgomery that he might arm-
logize to Capt. Macnamara. Sir William Keit-
made tome anfwer, which was rejetled by the
Colonel, and Sir William proceeded to mai k out
the ground. Each of the parties then took a pill.'
tol, and at the diftance of twelve paces fired at
the fame time. Colonel Montgomery fell at the
moment of the fire. Surgeon Heavifide immedi
ately ran up, and put fomething upon his wound,
which was on the left brealt. Capt. Macnamara
called Capt. Barry, and defired him to retire to
Chalk Farm Houle, where their carriage was
waiting. The deceafed was carried to the fame
place. Capt. Macnamara diced Surgeon Heavi-
tide, if there was any danger ? Surgeon Heavi-
fide anfwered, " No." Capt. Macnamara replied,
" I do not mean with refped to myfelf, but Col.
Montgomery, who, I fear, is mortally wounded."
His fecond allured him there was no danger for
him either, and Captain Macnamara came away
without knowing the fituation of his arttagonitl.
The feconds went off together on horfeback; wit
nefs went into a room in Chalk Farm Houle, to
which Colonel Montgomery had been conveyed,
and found him dead. Capt. Macnamara appeared
as much agitated at the time of the meeting as at
the original.quarrel. There was not time for his
mind to cool between the caufe and unfortunate
termination of the difpute. Witnefs Alf() laid,
Capt. M. never thought the bufinefs dropped after
they left the Park ; and that he only rode up Bond-
flreet, as he thought Col. M. was going that way.
WILLIAM PASTAS., Capt. Macnamara's groom,
laid, he was tiding after his mailer in the Park,
and law the fight between the dogs. He alfo law
Colonel Montgomery difinount, and heard him
fay he would knock the dog down. "%rimers then
corroborated the foregoing witneffes in feveral
parts of their evidence ; and added, that a Gen-
tleman gave him a cafe of pillols, which lie car-
ried to his mailer's carriage, in Piccadilly. He
was prefent at the duel, and believed; if there was
any difference of time betwen the two thou, the
colonel fired lira. He heard his mailer often fay
he hoped there was no danger of Colonel Mont-
gomery's life.
Colonel GILLASPIR Paid, he was walking with
Capt. Macnamara two days previous to the quar-
rel. They law Colonel Montgomery pall, and
Captain Macnamara enquired who he was ? Wit-
nefs laid, Colonel Montgomery. Captain Macna-
mara anfwered, that he recolleded him, and that
he bore his fervice well. Witnefs mentioned this
circumilance as proof that there was no pre-exift-
ing pique or malice between them.
Here the evidence doled ; and Mr. HODG SOH,
the Coroner, in his addrefs to the Jury, (bated the
law to be, that where two perfons met to fight,
without having had fufficient time to cool upon
their quarrel, in the event of the death of one,
the crime of murder could not be charged againfl
the other. The prefent cafe certainly was of this
defcriptinn, the quarrel having begun at five
o'clock, and the duel taken place two hours after.
He then exprelied his opinion that the obfervation
of the decealed," that Captain Macnamara knew
where he was to be found," could have no other
meaning than a challenge ; and he thought this
circumltance was favourable to Captain Macna-
mara. . .

The Jury retired a (bort time, and at one o'clock
thismorningrewrned a verciia of Mam s Lao° n r e a.
The Ball was not extraaed from Capt. MAC.
NAMARA until yelletday afternoon : it was done by
Mr. H sa•issys, who flues that his patient is in as
fair a way as can be expeaed.
Captain MACN•PIARA'S commitment was made
out yellerday ; but having to undergo the opera-
tion of eztraaing the ball, it was not judged ex.
pedient to remove him till it appeared that it
might be done with falety : at prcfent he is not
fuppolcd to be in danger.
An exprefs has been Cent down forthe Captain's
brother, who is in Wales. It is a wonder, that.
as In many Gentlemen were prefent in Hyde Park
when the appointment was made, and the com
batants let their watches in order to be punaual
to their time, that no deps were taken to prevent
the fatal meeting.
Yellerday morning Lord Ns :Ann fpent about
three quarters of an hour with Captain Macma.
waits ; and in the comic of the day a great num-
ber of Naval and Military Officers and perfons of
dillinaion called at the Hotel, and left their cards.
Nn perfon can he admitted to fee Captain Mac
NAMARA. without palling the room in which the
Police Officero are gationed. The Newfoundland
dog, which was the cattle of the unfortunate dif•
puce, is in the fame room with him.
Sir WILLIAM Kim, the Second to Col. War.
GOPARRY. left London„pn Wednefday night. anJ is
fuppofed to have embarked for Holland. Captain
BARRY has alio withdrawn himfelf.
It is not true, as anted in Come of the Papers.
that Col. Montgomery fired firil ; they both came i
about at the fame moment, and fired Co infiantane
otilly. that Mr. Hearifitle thought only one !hot
bad been difcbarged.

•NiIU7IC.II, /A,Trl.T,lcrycr.

F.kr 'llo'l,l-1, .4. P N if. C.

Arrived this (la': l!.ip -Captai.l
CLARK. from Jan.a;ca, 111;!C ss
rum, fugar, fac. for 1., : In conieT:elice
her having an Imp.:ri ti :lig at her mai.l it is fitp•
poled that fume (.1 her crew a:e lick 0:: hoard, the
will therefore go iit••, qirtr.intine : thee
cutters got along!ide (4 her this evening to pie vrnt
her crew from g.tting on Ih'.re to avoid being
prelTed: the v.hcle :if them no doubt will be take:: ;
arrived alto the hi ig Lifbon Packet, JENKINS, ftom
London, with bale goods, groceti.:, &c. f r Ow>
port" the frith Miner, Nit HULLS, the Pri.ieers
Royal, O..VEN S on London for Liverpool.
putt reficrday the outw.rt d
Eall India illip Sea LESBY CasTt.r., Capt. LEAP..
MOUTH, from London for the EAR Indies : the
wind blowing thi: evening very ftrong at ;ioU!ii,
it is thought the will be obliged to put into this
port, or run for Plymouth.
Sailed the Danifh brig liaabet, Captain Wes-
BURG, for Norway, with fruit, &c. hia from Lit".
bon; the American brig James, Captain FoLotst,
with rice, &c. for Haste de Grace, lall from
Charlefton ; and the Severn, Captain HacKWOOD,
for Chichefter.

Remain, by contrary winds, the PRINCE ADOL.
rft us packet, ;orbs, with Mails of the 29th ult.
fur Lifbon. The DUKE OF YORK packet, with the
mails horn thence, is hourly expeeted : as alio the
(ZIJEEN CHARLOTTE packet, Mconr, with Malls
frum America.—Wind S.
TORBAY, APRIL 7.
Arrived and failed on the imprefs fervice, and
is now coming in the Bay again, his Majelty's brig
HUNTER; arrived tht brig Peggy, HENRY WHITE,
from Dartmouth, and is taking in cyder for Lon-
don ; (he will be ready in afew days : .tifo arrriVed
the brig Maria, Capt. BRowN, from Teignmouth,
with pipe clay, and failed for Liverpool. Wind
S. S.. W moderate, with rain.