The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-09-25 00:00:00

CENTRAL CRIMINAL COURT.-FRIDAY

THE LATE FATAL DUEL.
On Friday, John Young and Henry Webber surrendered
to take their trial upon an indictment charging them with
aiding and assisting one Francis Lionel Eliot to kill and
murder Charles Flower Mirfin. The prisoners were young
men of fashionable appearance.
Mr. Broughton, the other person charged, did not surren-
der, on account, as it was stated, of the indisposition of Mr.
Clarkson, who was to defend him.
Mr. Chambers addressed the Jury. He said that be ap-
peared before the jury to state the circumstances that led to
the present solemn and important inquiry. He begged them
to dismiss from their minds all the rumours they had heard
upon the subject out of doors. They were all aware that the
deceased met his death in an affray called a duel. It would
be unnecessary for him to enter into details upon the subject
of duelling. The law of England did not enter into the nice
punctilios of the code of honour, but it was clearly laid down
that if two persons went out together deliberately, armed with
deadly weapons and one of them was killed, the survivor,
and those who aided and abetted him in the act, were guilty
of murder. They were aware from the indictment, that Mr.
Eliot was charged to be the person who actually caused the
death of the deceased, and the offence charged against the
prisoners was that they acted as seconds, and were feloniously
present when the act was committed. The learned counsel
then proceeded to enter into a brief detail of the circumstances
under which the deceased met his death, and said there could
be no doubt that death was occasioned by the shot fired by
Mr. Eliot. It would be for them to state their opinions upon
the facts of the case as they would be laid before them, and
he was sure they would do so without any reference to the
legal consequences of their decision. He then called wit-

nesses.
The following were examined, and gave testimony similar
to that given before the Coroner's Jury :—Mr. Thomas Goto-
bed, Robert Matthews (waiter at the saloon,) Mr. Henry
Hunt, R. Cowling (the post-boy who drove some of tine par-
ties from tthe Colonnade-hotel,) and Mr. Edmond Scott, the

surgeon.
'ihe only important part of Mr. Scott's testimony, not al-
ready before the public. was that which related to the second,
the fatal shot. At first he did not perceive that either was
hit. The deceased walked towards hint—about six paces.
He had his left hand on his right side; and witness thinks
he had the pistol in his hand. He said to witness, "I am
wounded." He looked towards witness, and pointed to the
spot, but did not speak. Witness told him he was exceed-
ingly sorry for it, and added, "God bless you." The deceased
said, "Good bye, old fellow." Witness then assisted to lay
the deceased upon the grass. The seconds and Mr. Eliot
then walked up, and asked if the wound was serious, and he
told them it was a fatal wound. Mr. Broughton also asked
him what he had better do, and witness told him he had bet-
ter leave the ground as soon as he could. The deceased died
in about ten minutes. Nothing could be done for him. The
wound was a small one, about the size of an inch, and was
such as would be occasioned by a pistol bullet. He had no
doubt that wound was the cause of his death.
By Mr. Justice Vaughan.—He had no doubt that the ob-
ject of the conference with the parties was to effect a reconci-
liation.
Examination continued.—Mr. Mirfin would not hear of a
reconciliation, but insisted upon having a second shot.
The court.—Did you hear anything about an apology?—
Witness: I did not hear positively what occurred, but I have
no doubt that Mr. Eliot offered to make an apology. -This
was communicated to the deceased, and he said he would ac-
cept of no apology but a written one, and this being refused
he insisted upon a second shot. The pistols were then again
handed to them.
Mr. Baron Vaughan said it was a pity the seconds did
not interfere and prevent Mr. Mirfin from proceeding fur-
ther, and have either withdrawn themselves or the principals.
Examination continued.—The pistols were fetched after
Mr. Mirfin said he would have a second shot. Witness told
the deceased that his hat had been shot through, and he took
it off and looked at it but made no remark. Another pistol
was then delivered to each of them—those were the pistols
belonging to the deceased—and they again fired upon the
same signal. Eliot's pistol appeared to go off first. He dis-
tinctly heard the report of two pistols, the second following
the first almost immediately.
Mr. Phillips asked the witness whether the duel did not
appear to be conducted with fairness and regularity, and he
said that it did.
Mr. Justice Alderson.—l believe you state that the unfor-
tunate deceased met his death from one of his own pistols?
Witness : He did.
Mr. Baron Vaughan then addressed Mr. Chambers, and
said that there had not been any proof that the prisoners
were aiding and abetting.—Mr. Chambers submitted he had
proved that they were sanctioning the proceeding by their
presence.
The court said they must be proved to be present, aiding
and assisting, at the moment the shot was fired. The court