Star.
London, England, 1818-01-17 00:00:00

OLD BAILEY.

FATAL DUEL.
rusruss PARTICOI./.
Yesterday Theodore O'Callaghan, Thomas Joseph
Phelan, and Williams Newbolt, were put to the bar,
accused of the wilful murder of Lieutenant Edmund
Bail y, by shooing the said Edmund Bailey with a
pistol, or other deadly weapon, in a duel on Monday
last, the I2th instant. They severally pleaded Not
Guilty. The body of the Court and the galleries
were crowded to excess, in consequence of the great
interest excited by the trial.
At ten o'clock Mr. Justice Pitax and Mr. Justice
Assort. took their seats on the Bench.
Mr. Justice PAR:L.—Gentlemen of the Jury, I un-
dersisuid there is no Counsel engaged for the prose-
cution, and therefore it will be absolutely necessary
for me to read over the depositions that I may be
prepared to conduct the case. They have only this
moment been put into my hands, but I shall not de-
liy you long by reading them over.
The following evidence was then adduced :
William Adams, residing at Little Chalk Farm, in
the parish of llampstead, gave evidence of the same
facts as before derailed in our report of the Coro-
ner's Inquest.

bq Mr. Not.AN.—At the time the
parties surrendered;it was said by Bailey, and indeed'
several times, that none of them were to blame.
Bailey named the person who was to blame, but wit-
ness thought it might be prudent to conceal his none.
By the Court.—Your caution is very prover, Sir,
but what did he say ?
Witness.—Bailey said thr quarrel had originated
with another person, whom he named.
George Rodd, Surgeon at Hampstead, also gave,
evidence of the same particulars mentioned before.
Cross-examined by Mr. Batuaco..-They all
Chewed the deceased every attention, and gave every
assistance to the Surgeon.
Thomas Hunt, the Constable, was the next witness.
Mr. Justice PAnx.—Gentlemen of the Jury,l have
called this v.itr.ess, not because I think one single
fact can be elicited by his examination, but because
I apprehend the Learned Gentlemen who act as
Counsel for the Gentlemen at the bar, might have
wished to ask him some questions.
No questions, however, were asked.
• George Nevi!, of the Tax Office in Somerset-place,
was r.ext called. He corroborated the evidence of
Mt. Adams, but stated nothing new.
This closed the evidence in support of the• prose-
cution.

-------
The prisoners being asked whether they had any
thir.gto offer in their defence, Mr. Noel, the attor.
handed a paper to Mr. O'Callaghan, 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, apprthended that I should appear in a Court of Justice to
strait tur the commission of a criuse, because I ben never had
any disposition to criminality. I have only to add the expres-
sion of my confidence in your justice and liberality; and that
you will Wine me, in this my solemn declaration, that no one
alir-c, however closely connected with the gallant man who is
now no more, eau more ilccp!y lament than I do the unfortunate
calamity that Las brought me to this bar."
The other two Gentlemen said nothing, but left
their defence to their witnesses for character.

Lieutenant-Colonel Murray had known Mr. O'Cal-
laghan ever since 1813. He was a man of a remark-
aaly quiet temper, and amiable peaceable manners.
John O'Connel, Esq. had long known Mr. O'Cal-
ltgl:an, and was at school with him. He was a very
quiet man, and witness never knew him disposed to
quarrel with any one.
Charles Stewart Radford, subaltern in the army,
has known Mr. O'Callaghan since June, 181.5. He
was much distinguished for humanity and mild
manners. _ _ _ _ _

Mr. Baldwin, bookseller, has known Mr. Newbolt
since the late Peace. He was gentleman-like in his
planner, and by no means disposed to quarrel, but
every thing the contrary.
Robert Carlon Esq. has known the same Gentle-
man from his birth, and gave him a most excellent
character for bravery, mildness and humanity.
Lieutenant Burn confirmed the preceding witness,
and added he was more disposed on every occasion
to act as a mediator'than a fomenter of quarrels.
Captain John Allan, Royal Navy, has known Mr.
Newbolt, who served with h!m, and was always dis-
tinguished for amiable manners and affectionate dis-
position.
Several most respectable individuals also gave the
sante excellent character to Mr. Phelan.

Mr. Justice PARX, precisely at sixteen minutes to
twelve, commenced his charge to the Jury. He be-
gan by observing, that the three unfortunate Gentle-
men
at the Bar stood charged with the wilful murder
of Edmund Bailey, by shooting him in a duel. The
crime, as laid in the indictment, was, as they would
perceive, that of murder ; and the Jury., he had no
doubt, were well aware, that the feloniously killing
or taking away the life of another person, in order
that the same should constitute murder, obviously
supposed the person who had done so to tave acted
from malice, either expressed or implied. It might
h.! expressed by words, gestures, and actions, or im-
plied in the circumstances attending the transaction.
Th., circumstances which accompanied this most un-
fortlnate and lamentable event now before the Court,
v no doubt, fresh in the recollection of the Jury,
ii he numerous audience ; but he should feel him.
iadispensibly bound, nevertheless, to go over
t ^nr, the way they had been detailed in evi-
dence, to prepare the minds of the Jury for after-
ward's applying to them the observations he should
f -21 it his duty to make at the end of his recapitula-
von of the facts of the case. He had therefore no-
eliug ore to say till he had disclia:ged that part of
Lis Oblic duty-.-(Here the Learned Judge at great
length recapitulated the evidence).--He then ob-
: Tved, that, as in every other case, it was indispu-
tably clear, that all who were present in a case of
murder, either aiding or abetting, were equally
guilty with the person who committed the act. In
a duel, for example, where a person might be killed
by the firing of a pistol, and when others were pre-
rrat who acted as seconds to the combatants, the law
held all of them equally guilty, though the trigger
or the pi.stol was only drawn by one. So tender and
careful
was the law of England of the lives or
the Icing's subjects, that all homicide was suppustq
tq originate in malice, except Something directly the
cont:ary was proved, or that such Circumstances had

taken place as would fully take away the sting of
malice. The law-had certainly very wisely, in many
cases, provided different extenuation of the crime,
which crime might properly be justified under pecu—
liar circumstances. It was, however, for the Jury
to say, whether, in the present unhappy and deplo-
rable cane, there were sufficient appearances to take
away from it the sting of malice ? It was his public
duty, however painful it might be 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 re-
gerded duels. It was particularly 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 ineivi-
duals, would it be, that those persons, who thus
voluntarily exposed themselves to danger, would re-
tett but for a single moment, not only on the awful
ardy in which they placed themselves, but on the
painful duties which they thereby rendered it neces-
sary for others to execute. They would probably
feel more advantage from such a short but serious
reflection than tongue could describe. In cases of
duel, there was no necessity for malice, as in other
eases of murder ; for, if in them a deliberate inten-
tion was shewn of doing bodily harm, under the
pretence of vindicating injured honour, and if death
should ensue, the law held that to be malice ; and
this kind of malice came directly under the descrip-
tion of malice expressed. Lord Hale, one of the
criminal lawyers of this country, and one of
rbteeslof men that had ever adorned .society, had
laid this down to be the law, and indeed it was well
known to most of those who heard him, that in a re-i
cent case, about ter. or eleven years ago, in the King's
Bench, a most learned and amiable Judge, now no
more, had fully laid down the law in the very same
way, thinking it was proper to do so, in that man-
ner, for the benefit of the public. In his learned and
valuable work, the Lord Chief Justice Hale held,
that if A and B should fall out, and in the moment
of passion fight a duel, that was not murder, but
merely homicide; but if they should appoint a time
to meet, and during the interval time was allowed
for reflection and deliberation, then that was clearly
murder. The very same opinion was held long be.
fore Lord Hale's time, by Sir Edward Coke, who
was Chief Justice of England in the time of James L
Mr. Justice Foster also laid down the same opinion
as law, for he considered duelling to be murder, as
it •WaS in such cases founded on a principle of deep
revenge. It was proper the Jury should observe the
striking words of the Lord Chief Justice Hale, and
apply them carefully to this case. The murder so
committed, consisted, as that great and good man
justly observed, in the deliberate act which was ma-
nifested by the time allowed to intervene between the
quarrel and the revenge taken by the injured person.
The same was the opinion of the late Mr. Justice
Blackstone, a name familiar to every one. It was
only justice to say, that when a man deliberately
sought the blood of another for a private quarrel, he
was completely guilty of murder, but if the duel
was suddenly fought the crime was reduced to man-
slaughter. He hoped that in these quotations he had
made himself intelligible to the Jury and the Court,
and he would only again repeat his earnest wish, that
the law in this case were more generally known.—
With regard to the unhappy Gentlemen at the Bar,
he felt himself bound to say on his solemn oath, that
if the Jury were satisfied the crime was the effect of
deliberation, the whole three were guilty of murder.
It would be an insult to the Counsel for the prisoners,
and an equal insult to the good sense of the Court
and Jury, to throw out a single doubt respecting
the deceased having been killed by Mr. O'Callaghan.
To doubt that was morally impossible. If the Jury
were satisfied the seconds, as they were called, were
there, they were equally guilty with Mr. O'Calla-
ghan. From the evidence it was clear that they
were there to see that, in the language of these gen-
demon of honour, fair play was used, but they were
not there for the purpose of preventing it. In the
daily newspapers cases were often seen, and seen
with pain by every friend of humanity, of challenges
being sent two or three days before the duel was
bight. Such were cases of cool, wilful, deliberate
murder, but it was the province of the Jury to say,
whether such was the case here. Probably the quar-
rel might have begun at a tavern, or a theatre, and
the individuals afterwards 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 he was the friend and companion of the
deceased. Perhaps he had been insulted by the de-
ceased, 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 be painfully
oppressive, and might therefore, in the moment of
irritation, have gone to the field without thinking
what he was doing. The time allowed to deliberate
might not have been granted, but the Jury had to
determine that. If; on the whole of the case, the
Jury entertained honest and conscientious doubts.
they would, of course, give the prisoners the bends
of them, especially considering the very excellent
characters they had received ; and he was sure, in
no instance ever before a Court, had a better cha-
racter been given to ag person than had been given
to the whole three. They were respectable in their
appearance, and they had called a most respectable
host of witnesses to character. One observation
mere and he should conclude. it was to be deeply I
lamented that men, who had borne such ad:tin:l)le
characters for humanity and gallantry in the service
of their King and country, should have so far forgot
not only their duty to the country, but to themselves,
as rational, intell:gent, immortal beings, as to expose
not only their own lives to danger, which lives they
had received from an all-merciful CRrATOIti but alto
to expose another individual to the awful peril of
rushing into the presence of ALMIGE7Y Gon, in an
unguarded and perhaps unprepared moment. That
was an alarming idea, to which would be well for
such persons in all time coming to attend ; yet it was
most lamentable to see the present spirit of the tiraes
for duelling. Such were the observations he had
felt himself bound to make, and such was the painful
nature of the case before the Jury. They were now
to decide—they were now to declare whether the
Gentlemen concerned in this most deplorable tran-
saction were guilty of Murder or Manslaughter? The
case was of the deepest impartarce. It was impor-
tant to the public4-ineportant to tae priscner.c.

-----ate

pily it was in the hands of the Jury; and he trustel
sincerely from his soul, that that Lion wLo searched
the hearts of the childitti of men, would lead them
to a right verdict. To acquit the prisoners was im-
possible. The only verdict was that of guilty of
Murder, or merely of Manslaughter—" May GOD
lead them to do right."
The Learned Judge concluded this most impres-
sive address precisely twenty-seven minutes after
twelve, and the Jury then retired to consider their
verdict. While they were out the prisoners sat down
in the box, and appeared deeply involved in thought.
In fourteen minutes the Jury returned, finding them
guilty of—Manslaughter.
The punishment annexed by law to this offence is
fine and imprisonment, not exceeding twelve months.
The verdict seemed to give high satisfaction to the
Court, which was the most crowded we ever saw.
During the trial Mr. O'Callaghan seemed particu-
larly melancholy, and the deepest regret for this
unfortunate event was apparent in the other Gentle-
men. On hearing the verdict they retired, after
bowing to the Court.
The pistols used on the occasion, and which are of
the first manufacture, were seized by the Under-
Sheriff, as a deodand.
The following prisoners were capitally convicted :
William White and John Read for stealing a sheep,
the property of Messrs. Snow and Paul.
Mary Gilderslerres for stealing various articles of
wearing apparel, value 40s. and upwards, in a dwel-
ling-house.—The following were convicted of felony :
Williams and J. a Perkins, for stealing two pieces
of rib-
Qardi W. Benham, J. Lodge, W. Nicholls, W. Belcher, T.
lAvirerce, J. Riley, Louisa Kemble, Catherine Brown, J.
Hearn, Ann Pilkington, and Mary GUIs, for having forged
I notes in their possession without lawful excuse ; Eliza. Double, I
for stealing four ore pound Bank notes; W. Evans„ for stealing
two lbs. of wool ; J. Francis, fur stealing a sheet; W. Cock, for
stealing a pint pot ; and R. Xerswell, for stealing two saws.—
And three were acquitted, tit. J. Wilson, J. Clart,'and Welch.

C tr--Yesterday an information was heard
and determined before Alderman Btacna'at Guild-
I hall, against a coal carman, for refusing to measure
coals carted by him agreeable to act of Parliament.
Mr. Underwood, of Bartlafs•buildings, said, that
he gave an order for three chaldrons and a half of
Foals, which he expected would produce 45 sacks
full measure ; that when the tickets were given him,
he thought he would have our sack measured, and
desired his man, before the waggon. was unloaded,
to see one measured; but the carman immediately
emptied four or five sacks before he could get him
to measure one. At length he emptied one on the
pavement, and called to his companion to come and
measure it, which he did, and with' all the coals which
laid round the coal-hdle mouth, this sack wanted
above a peck of the measure. The witness seeing
this, and suspecting they were all alike, went to get
the sworn meter; but before he returned, the waggon
was gone with the remainder of the coals. This state-
ment being corroborated by other witnesses, the Al-
derman convicted the defendant in the penalty of 81.
for one sack, which was paid immediately.
Martusoaonott-sraaer.--Yesterday David Evens,
who had been examined before on Thursday, charged with the
murder of his wife, was again examined, when several new wit-
nesses appeared against him. The prisoner who is a Welshman,
appeared very much agitated on being brought into the Office.
John Davis, residing neat door to Evans, and a fellow-labourer
°this In the soap business, said, that he, the prisoner, and two
lather mat, were dhdring together at the Phoenix pnblie-house on
' Saturday east. F}olll the Phanix they went to the King's Head,
io Crowns-strset, Soho, where they remained drinking until be-
tween twelve aid one o'clock on Sunday morning, and then they
About ten o'clock, a man named Williams, who worked
Larettht same mannfactery, called upon witness, and told Mtn that
Evans, being locked up in his room, could not maw to work ;
upon which witness gave him the key of his own room, thinking
that It might perhaps open that of the prisoner. Witness soon
after went to the lodgings of Evans, and was asked out by him to
take some beer, together with Williams. Evans not coming out
with him immediately, he went back for hint, and asked where
his wife was ? when be replied, that she was in bed. Witness re-
marked, that it was a hte hour of the day to be in bed ; and go-
ing into the roam where she usually slept, saw her stretched upon
her back in bed. The body looked rather strange The
mouth was half open ; bat the prisoner not having mentioned any
thing about her death, It did not occur to him at the moment.—
witness put his hand upon her faoe, and finding it quite cold, be
exclaimed, " Good Goo! Mr. Evans, your wife is dead!"—The
prisoner said, " I hope not;" and, leaning over the bed, began to
kiss the corpse, saying at th same time, that he had not spoken
to her sines seven o'clock, when he put her to bed, and applied
warm bricks to her feet. He saw no blood upon her face. The
floor appeared as if tangy washed. On the Monday following,
witness, together with the prisoner, went to the house of Mr.
White, an undertaker. Evans informed White that his wife had
died suddenly, having weakened her constitution by excessive
drinking. Witness, before going to the undertaker's, took the
me more of the corpse with a string, and it was laid out by his
wife, together with two other women. On the Thursday fol-
io sing the prisoner gave witness a bundle, desiring that be should
ta ce it home to his wife for the purpose of having it washed.
s wife was not in the habit of washing for the prisoner. The
co lin was brought about seven o'clock on Thursday evening.
One of the lodgers, on seeing it brought in, exclaimed—"
man certainly murdered his wife on Saturday night : here is the
cram arrived to take her away !"—The undertaker and his man
went into the room, and one of them having raised the cap off
the head of the deceased, witness perceived some blood upon the
bead. The first bundle Evans gave him was washed, but his
wife afterwards received another, which was taken by an Mee
In the same state in which it was delivered, witness having war-
ned his wife not to wash it.
Mrs. Davis, wife to the last witness, said, that on hearing of
the death of Mrs. Evans, she went to her lodging, and new the
pence.", leaning OW her, and kissing her face. The pelsesure
confessed that he beat her severely, that he afteswards washed
her, put on clean Keen, and placed ner in bed. The bundle whichil
witness received from her husband for the purpose of washing it
contained three petticoats, a gown, au apron, a atik handkerchief,
a riband, a cap, and a pair of stays. They were all wound closely
together. She put them into a tub of water to steep, and after
remaining in it for souse time, the water appaared as if stained
wish blood, and the cap had two cuts in it. Muir thc coffin was
brought the prisoner gave her another bundle, but it was not
washed. About one o'clock on Sunday morning, :be saw two
men and a woman together with the prisoner and his wife as the
dem: Mrs. Evans was endeavouricg to bring in her husband,
who seemed to be quaird.ling with the other men.
Mrs. Jones said, that, by the directi.m of the prisoner, she
took the ear-rings from the deceased. While endeavouring to
get them out of her ears, she perceived a bruise upon the tide
I .1.1 the head.

Mrs. Maddest, upon hearing of the death of Mrs. Evans, went
to her lodging,. Upon appl)ing her hand to the face she found
it cute warm, but upon t: :al she Inurd that the heart Wall not
heattly. Oho railed to Evans, the husband, and saki—" 'Feel
her hart, and try whether it beau." Evans put his hand to
the hart of the deceased, attd said—" Ah ! no—it will never
bra again !" •
Mr. Vhite, the endertalzer, said, that the prisoner, whom he
knew before, and another man, came to his house to agree for a
elfsr. He asked taw Mrs. h'vans was? and the prisoner ans-
wereu.....*. Very weil;" but he collected, at the same time, from
the man who was with Lim, that she was dead; and the prisoner
afterwrztis said, that alts died of excessive drird..irg, and that he
11111 'death La her face for tcvera! days. When witness brought
the colfut to the door, it was immediately opened, without being
at all imoehad at by him or hic nun. When the body was raised
t.p to be plar.td in the ca n, he saw some spate of blood upon
t t.oltt-r, and Es JS.S eXITIC to trembly very much.
:Ir. .tr3tLetary, said, that h: cssul.cd the body,

' X .
/
,I
.•
taken place as would fully take away the sting of plly it was in tl
I : _-
OLD BAILEY. malice. The law-had certainly very wisely, in many sincerely from
-- cases, provided different extenuation of the crime, the hearts of to
1 ' FATAL DUEL. which crime might properly be justified under rime— to a right verd
I roasts PAIITICOI.ARI. liar circumstances. elt was, however, for the Jury possible. The
Yesterday Theodore O'Callaghan Ti,
--emu Joseph to say, whether, in the present unhappy and deplo- Murder, or m
Phelan, and William Newbolt, were put to the bar, relate nese, there were sufficient appearances to take lead them to di
ti accused of the wilful murder of Lieutenant Edmund away from it the sting of malice ? It was his public The Learned
'' '
.k
, Bail y, by shafting the said Edmund Bailey with a
M
duty, however painful it might be to his own feelings, sire address r
..; pistol, or other deadly weapon, in a duel on onday to state to them,
as far as he knew from his various twelve, and tl
last, the 12th instant. They severally pleaded Not readings, what the law of the country was, as re- verdict. While
~ .
" Court '' . low
Guilty. The body of the and the galleries gardedduels. It was particularly important he should in the box, and
were crowded to excess, in consequence of the great do so n, as, from the crowded state of the Court, In fourteen mu
:
li, interest excited by the trial.
he sincerely hoped the law on that subject might be guilty of—Mai
At ten o'clock Mr. Justice PARK and Mr. Justice
promulgated. Happy for society, happy for ineivi- The punishn
, Assort took their seats on the Bench. duals, would it be, that those persons, who thus fine and impris
Mr. Justice Nein—Gentlemen of the Jury, I un- voluntarily exposed themselves to danger, would re- The verdict
,I
e , derssand there is no Counsel engaged for the prose- fleet but for a single moment, not only on the awful Court, which s
'.`• cution, and therefore it will be absolutely necessary jeopardy in which they placed themselves, but on the During the t
-
e for me to read over the depositions that I may be painful duties which they thereby rendered it neces- larly melanchc
prepared to conduct the case. They have only this sary for others to execute. They would probably unfortunate ere
moment been put into my hands, but I shall not de- feel more advantage from such a short but serious men. On hen
lay you long by reading them over. reflection than tongue could describe. In cases of bowing to the I
S . .
The following evidence was then adduced : duel, there was no necessity for malice, as in other The pistols u
. , ,
:e , William Adams, residing at Little Chalk Farm, in cases of murder ; for, if in them a deliberate inten- the first manu
the parish of Hampstead, gave evidence of the same lion was shewn of doing bodily harm, under the Sheriff, as a d(
e ,
. facts as before derailed in our report of the Coro- pretence of vindicating injured honour, and if death The followin
•
~1 ner's Inquest. should ensue, the law held that to be malice ; and William Whi
Cross-examined b y Mr. NOLAN.—At the time the this kind of malice came directly under the descrip. the property of
Iparties surrentlered;it was said by Bailey, and indeed then of malice expressed. Lord Hale, one of the Mary Gilckr4
'' several times, that none of them were to blame. criminal lawyers of this country, and one of wearing appars
.111 Bailey named the person who was to blame, but wit- al:abtee: of men that had ever adorned .society, had ling-house.---T
nest thought it might be prudent to conceal his name. laid this down to be the law, and indeed it was well •./. Williams and
I ' By the Court.—Your caution is very proper, Si;,
know n to most of those who heard him, that in a re- vi• &silli
but what did he ray ? es it
cent case, about ter. or eleven years ago, in the King's wrence, .
Hearn, Ann Pilk
Witness.—Bailey said the quarrel had eriginated
Bench, a most learned and amiable Judge, now no aOtef in their pox*
, i
i with another person, whom he named.
more, had fully laid down the law in the very same for stealing four aGeorge Rodd, Surgeon at Hampstead, also, gave
way, thinking it was proper to do so, in that man- tawellbhaof
evidence of the same particulars mentioned before. ner, for the benefit of the public. In his learned and Am anni 4i, n
~,t t
were
Cross-examined by Mr.
Sheaved the deceased every attention, and gave every that if A and B should fall out, and in the momenta C mon* et.
assistance to the Surgeon. Bott.mcn.—-They all valuable work, the Lord Chief Justice lisle held,
of passion fight a duel, that was not murder, but and determine
Thomas Hunt, the Constable, was the next 'fitness. merely homicide; but if they should appoint a time hall, against a
Mr. Justice Pene.--Gentlemen of the Jury, I have to meet, and during the interval time was allowed coals carted by
called this witr.ess, not because I thirsk one single for reflection and deliberation, then that was clearly Mr. underee
' .., fact can be elicited by his examination, but because murder. The very same opinion was held long be. he gave an ord
I apprehend the Learned Gentlemen who act as fore Lord Hale's time, by Sir Edward Coke, who Coals, which I
4 Counsel for the Gentlemen at the bar, might have was Chief Justice of England in the time of James L full measure ; I
I No questions, however, wished to ask him some questions. M
r. Justice Foster also laid down the same opinion he thought he
/
as law, for he considered duelling to be murder, as desired his ma
I , •
• George Nevi!, of the T were asked.
ax Office in Somerset-place, it-yeas in such cases founded on a principle of deep to see one me
i was next called. fie corroborated the evidence of revenge. It was proper the Jury should observe the emptied four •
'•
Me. Adams, but stated nothing new.
cution. strikinuotrds of the Lord Chief Justice Hale, and to measure one
1 This closed the evidence in support of the prose- apply
carefully to this case. The murder so pavement, and
committed, cor.sisted, as that great and good man measure it, whi
The prisoners being asked whether they had any justly observed, in the deliberate act which was ma- laid round the
, thir.g,to offer in thew defence, Mr. Noel, the actor- nifested by the time allowed to intervene between the above a peck s
nay, haiii.tc.l,elaeccapedr
latter p • itc't wilsirr.ea'si blyia&he oEfiwcerhich
of thethe quarrel
sameand the rethveeniagientiaoakeenfby thleatinejurerd pjearsosticn.e this, and suspe•
was the the sworn mete
Court. The following is a copy of this paper : Blackstone, a name familiar to every one. It was was one with i
g
"My Lord, and Gentlemen of the' Jury—l never, I assure Only justice to say, that when a man deliberately meat being cor
you, apprehended that I &Soria appear in a Court of Justice to sought the blood of another for a private quarrel, he d
aIIIVItt tur the commission of a alai*, because I have never had erma n convici
any disposition to criminality. I have o! to add the expert- was completely guilty of murder, but if the duel for one sack, w
efi e injustice and and that
six of roy es dene your liberality; was
suddenly
fought the crime was reduced to man- MARLBOROU
you will Wane ow* in this my solemn deciausiani &kat ria one slaughter. He hoped that in these quotations he had who had been ran
&lire, however closely toanect,:d with the gallant man who is made himself .12
gi to the ury and the Court,
i telli 'lsleJ murder of Ms wife.
now no more, can more ilcepiy lament thsu Ido the unfortunate m
il calamity that Las brought me to than bar." and he would only again repeat his earnest wish, that newel appeared all
The other two Gentlemen said nothing, but left the law in this case were more generally known,— appeared very tout
John Davis, real
4 their defence to their witnesses for character. With regard to the ur.happy Gentlemen at the Bar, dee le the wept
Lieutenant-Colonel Murray had known Mr. O'Cal- he felt himself bound to say on his solemn oath, that other mac, were d
Laghan ever since 1813. He was a man of a remark- if the Jury were satisfied the crime was the effect of
_!ar.,‘l;4l7' last Fr
in Crows-strect,
aaly quiet temper, and amiable eeaceable manner'. deliberation, the whole three were guilty of murder. tavern twelve aid ,
John O'Connel, Esq. had long known Mr. O'Cal- It would be an. insult to the Counsel-for the prisoners, parted. About to
leghan, and was at school with him. He was a very and an equal insult to the good sense of the Court In the same manot
I quiet man, and witness never knew him disposed to and Jury, to throw out a single doubt respecting Evans, being lock
quarrel with any one. the deceased having been killed by Mr. O'Callaghan. CI
u which %Vitali
t might perk;
Charles Stewart Radford, subaltern in the army, To doubt that was morally impossible. If the Jury titer went to the I
i has known Mr. O'Callaghan since June, 181.5. He were satisfied the seconds, as they were called, were take some beer, to
was much distinguished for humanity and mild there, they were equally guilty with Mr. O'Calla- with Kim immedia
hls wife Wai ?wise
manners. ghan. From the evidence it was clear that they marked, that it w
i:r. Baldwin, bookseller, has known Mr. Newbolt were there to see that, in the language of these gin- jug into the room 1
since the late Peace. lie was gentleman-like in his tlemen of honour, fair play was used, but they were
ties back in bed.
i - ;tanner, and by no means disposed to quarrel, but not there for the purpose of preventing it. In the *Math Wal halter
every thing the contrary. daily newspapers cases were often seen, and seen ritgeesabos pat hale,
1 Robert Carlon Esq. has known the same Gentle- with pain by every friend of humanity, of challenges exekimer'd, „Cm
man from his birth, and gave him a most excellent being sent two or three days before the duel was prisoner said, ~ I
I character for bravery, mildness- and humanity. fought. Such were cases of cool, wilful, deliberate kiss the corpse, cal
ut Lieutenant Burn confirmed the preceding witness, murder, but it was the province of the Jury to say, to her sibnot seven
to he
1.• and added he was more disposed on every occasion whether such was the case here. Probably the quer- Bow appeared as i
to act as a mediator'than. a fomenter of quarrels. tel might have begun at a tavern, or a theatre, and witness, together 1
. f Captain John Allan, Royal Navy. has known Mr. the individuals afterwards gone to the fatal spot White, an undens
..1, - i Newbolt, who served with lAns, and was always dis- with their blood warm. That was also for the Jury ate
tinguished for amiable manners and affectionate die- to consider. A higher charakin
cter than dricia auddenz:, ha
that given to me cure thetneelo
position. Mr. O'Callaghan could not be given to any man.— wife, together wi
. ‘ Several most respectable individuals else gave the It appeared lee was the friend and companion of the losing*. prisons
, same excellent character to Mr. Phelan. . deceased. Perhaps he had been insulted by the de- teleri it borne to is
.. ts lle was not
e' ' Mr. Justice PARK, precisely at sixteen minutes to ceased, and felt, as every man more or less did, that ce unw was brougl
t'i twelve, commenced his charge to the Jury. He be- the stings ef a friend are more severe and goading on, of the lodger,
ran by observing, that the three unfortunate Gentle- than those of an enemy. On this ground he might MAO certainly mill
. i ,' men at the Bar stood charged with the wilful murder have felt the reproaches of his friend to be painfully cam arrived torts
Into the
i at' Edmund Bailey, by shooting him in a duel. The oppressive, and might therefore, in the moment of the head 1 of the (it
crime, as laid in the indictment, was, as they would irritation, have gore to the field without thinking bead. The first
perceive, that of murder ; and the Jury, he had no what he was doing. The time allowed to deliberate wife afterwards re
• te, ? ; . doubt, were well aware, that the feloniously killing might not have been granted, but the Jury hail to lethLse!Le state i
or taking away the life of another person, in order determine that. If; on the whole of the case, the "`"'""' 'l°"
1 % Davis, i
' that the same should constitute murder, obviously Jury entertained honest and conscientious doubt& the death of kr&
supposed the person who had done so to tare acted they would, of course, give the prisoners the benefit renew luaus 41
•
' . 1 •ficen malice, either expressed or implied. It might of them, especially considering the very excellent confessed that he
he expressed by words, gestures, and actions, or un- characters they had received • and he was sure, in k caps tut titan I
wireceived f
• . plied in the circumstances attending the transaction, no instance ever before a Court, had abetter eha- =tamed three p
, 1 '1".1! circumstances which accompanied this most un- meter been given to anyil person than had been given a riband, a cap, at
I,
.
= , fortunate and lamentable event now before the Court, to the whole three. ey were respectable in their together. She Pt
r i , v.-n, no doubt, fresh in the recollection of the Jury, appearance, and they haff called a most respectable rethmaining in it as
:
a- dhe numerous audience ; but he should feel him- host of witnesses to character. One observation beroiugbht
the
C
s'2.'.l iadispensibly bound, nevertheless, to go over mere and he should conclude. it was to be deeply washed. About
t "ni, 'r .d the way they had been detailed in evi. lamented that men, who had borne such act:tin:l)le men and a W°Mll
~
defter, to prepare the minds of the Jury for after. characters for humanity and gallantry in the service delar. I!",`i ,E 7:
. war& applying to them the observations he should of their King and country, should have so far forgot °' ° lecj s'ossj,
Sil• fnl it his duty to make at the end of his recapitula. not only their duty to the country, but to themselves, took the ear-ringl
; l' i,
s f ton of the facts of the case. He had therefore no- as rational, inteThgent, immortal beir.gs, as to expos.: , get them out of b
teiug Ogre to say till he had dischasgrd that part of not only their own lives to danger, which lives they d the kesast.i:,,,,,.
is 1
r . his public duty-.-(Here the Learned Judge at great had received from an all-merciful CRrATOn, but also to '-rs.o,,impv&--7—"
1 .
length recapitulated the evidence).--He then oh. to expose another individual to the awful peed of • he"
• - a cute warti, bi
seaved, that, as in every other case, is was indispu. rushing into the presence of Austorrr Gen, in an beating. She cal
i
'l' t..bly clear, that all who were present in a case of unguarded and perhaps unprepared moment. That her hart, and ti
g murder, either aiding or abetting, were equally was an alarming idea, to whwould be well fo- thee hart of the
• bra :.gain !"
!!' • i guilty with the person who committed the act. In such permits in all time coming to attend ; yet it was per. Mite, tk
i. a duel, for example, where a person might be killed most lamentable to see the present spirit of the ernes knew before, and
' ) by the firing of a pistol, and when others were pre. for duelling. Such were the observations he had „e'ffir* ile.„'"k"
sent who acted as seconds to the combatants, the law felt himself bound to make, and such was the painful ' 'en' '
held all of them equally guilty, though the trigger nature of the case before the Jury. They were now ,aftt ho wa!
rta.'n-:utri said, .
or the pistol was only drawn by one. So tender and to decide—they were now to declare whether the taw 'death in her
. % 1 ye careful was the law of England of the lives of Gentlemen concerned in this most deplorable tram- the coefut to the d
the Ti n& subjects, that all homicide was stippostq saction were guilty of Murder or Manslaughter? The 1 ati Da! kneed
be .I_dati,
,
't . . .
, u, orignate in malice, except Something directly the ease was of the deepest impnrtarce. It was ironer-! se. 14.1- - - and- 3
contrary was proved, or that such Circumstances had teat to the public - in:porta:lt to the. prissetete !fete I '-ei'r. js: In, .."1
r{ ,
i
iv
!
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