The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-02-19 00:00:00

war which has c

Propositions were

ral to suspend ho

that the Russian
forts on the coast, bu
these conditions, and c
whenever a favourable opportunity offers

ORDIN

The lord bishop of the di
ter Cathedral on Sunday la

cld an ordination at Clic:g-
-m the fullowing gentlemen

took orders

Geo. Crawley Bowie

DEACONS

Algernon Co-ot

it. Bees.
aose Colle,g

rrinity College, Cambridge.
_ .
George Gibbon, B.A.—St. Cltherine's-hall, Cambridge.
Richard Parry Jones, 8.A.--'trinity College, Dublin.
James Losh, B.A.—Jesus College, Cambrige.
Ed. Francis Manhy, B.A.—Christ College, Cambridge.
Robert Morewood, B.A.—Queen's College, Cambridge.
Geo. Bethune Norman, B.A.—Trinity College, Cambridge
Henry William Rae, Lit.—St. Bees.
Frederick Stewart, B.A.—Pembroke College, Cambridge.
Robert Townley, B.A.—Trinity College, Dublin.
Jos. Wilding Twist, B.A.—Queen's College, Oxford.
Richard Yerburgh, B.A.—Christ College, Cambridge.
Thomas Lowe, B.A.—Oriel College, Oxford.
Angus Bethune, M.A.—King's College, Aberdeen.

arrin Crompton, B.A

Chas. Bickmore, B.A.—Trinity College, Dublin
Ralph Congreve, B.A.—Corpus Christi, Cambridge
Samuel Cavan, Lit.—St. Bees
Aug. Gaspard Edouart, B
Wm. Meymott Fa _
Edward Jones, B.A.—Jesus College, Oxford
Richard Johnstone, B.A.—Trinity College, Dublin.
G. Robertson Moncrieff, B.A.—Balliol College, Oxford.
Rd. Wm. Bishop Marsh, B.A.—St. John's Col. ,Cambridge
Richard Morton, B.A.—St. Cotherine'-hall, Cambridge.
William Parks, B.A.—Trinity College, Dublin.
John Sheldon, B.A.—St. Catherine's-hall, Cambridge.
Hugh Percy Thomas, Lit.—St. David's College, Lampeter,
I'rederick John Wather, B.A.—Trinity College, Dublin.
William Matthews, B.A.—Queen's College, Cambridge.

St. John's, Cambridge

Lit.-St. BE

A CONVERT.—The Rev. T. Berry, minister of Ebenezer
Chapel, has resigned his office of preacher in the Methodist
New Connexion, and become a member of the Established
Church.—Bolton Chronicle.

REPRESENTATION OF THE FAIR iS to be
done? This problem must have puzzled, and evidently did
puzzle, last week, those who take our political interests under
their special care. Thursday last was an important and busy
day with the rabid old whigs, who seem to vegetate on the
ascendancy of their party, and the vigilant young ones who
live by the gains of contested elections. On that day came
the news of the ministerial discomfiture at Walsall and at
Canterbury,—giving portent of a speedy " dissolution."
Then, on the same day, it was prominently announced in the
Strathmore Journal, that Lord Panmure, " Mr. Fox Maule's
father," was " seriously indisposed"—affording hope to a
certain class of expectants, and dashing the cup from the lips
of hungry agents. Simultaneously with this, perhaps, they
had the intelligence about that time published in a northern
journal, which proves that Mr. Fox Maule's designs upon
Perth have been abandoned as " no go," by himself, at least,
and that is the principal point. Either of the two last events
was death to the hopes of the party and its whippers-in here.
The Elgin Courant of last week states that "a requisition
had been got up there, and in the other burghs of the district,
requesting the Hon. Fox Manic to continue as the represen-
tative of these burghs in Parliament;" and further, that they

were " informed by parties there, that the hon. gentleman
had consented to contest- the burghs, in opposition to Sir A.
Leith Hay and Mr. Duff, at the next general election." All
these unlooked-for events were quite sufficient to lay our pa-
triots on their beam ends. There were grave consultations
amongst the " fags ;" and " something must be done imme-
diately" was repeatedly heard to come from their lips as they
bustled about in confusion. A zealous young scion of the
non-int?usion tribe seemed to be taken into their counsels,
but even with that aid we have not heard whether they suc-
ceeded in arranging matters to their satisfaction, and for the
honour and advantage of the constituency, i. e. the party.
Who pays the labour in getting up the Maule requisition?
Perhaps if, for Mr. Maule, they insert the name of our pre-
sent " worthy and li.mourable representative," he will once
ctors to " do themselves the high
of returning him to attend to their
Tonal.

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and ditinguish

MTH LANCASI

last a meeting was I
*object of this rail

way from Todmorden
Railway near Prp:prn

JUNCTION RAILWAY.—On Friday
t the Bull Inn, in Burnley, on the
R. Walton, Esc) , of Marsden
able number of the most in-
I its neighbourhood attend-
orn the committee in this
inc of the intended rail-
, the North Union
jy Mr. Burke, the
factory definition of

eyor, who as

tion of the rail

Burnley

iction

I result from the forma-
ted cost. An animated

TRIAL OF JAMES THOMAS EARL OF CAR•

DIGAN

HOUSE OF LORDS,-FEBRVARY 16

The novelty of this trial naturally excited a great deal of
interest, a period of more than GO years having elapsed since
the occurrence of any similar proceeding. At half-past nine
o'clock a number of carriages of the nobility au I gentry,
chiefly occupied by ladies, formed a line from the door of the
House of Peers nearly to the House of Commons.
The arrangements for admission were excellent. Those
who had tickets found not the slightest difficulty in arriving
at the seats designated ; and during the day the- utmost order
and regularity prevailed. The side galleries wore occupied
by ladies and foreigners of distinction, chiefly members of
the diplomatic corps. The great gallery was almost exclu-
sively filled by ladies. At half-past ten o'clock the Judges
made their appearance. They were dressed in their state
robes, and took their seats in front of the woolsack. At this
time Lord Lyndhurst, Lord Brougham, Lord Wynford,
Lord Abinger, and Lord Langdale were present. The Lord
Chancellor were prevented from attending by indisposition.
The body of the house was densely crowded ' • and their
lordships being attired in their robes, and such of them as
are knights, wearing the collars of their respective orders,
the scene was one of great magnificence. The Attorney-
General and Mr. Waddington, who conducted the prosecu-
tion, appeared early, and were soon followed by Sir W. Fol-
lett, Mr. Serjeant Wrangham, and Mr. Adolphus, the coun-
sel for the defence.
At a quarter to 11 o'clock Lord DENMAN entered the house
as Lord High Steward.
The Lords having been called over, the clerks of the Crown
delivered the commission to the Lord Speaker, who gave it
to the clerk in the Queen's Bench to read, the Peers stand-
ing at the time. The commission authorized their lordships
to proceed with the trial of James Thomas Earl of Cardigan,
on an indictment found against him, which had been removed
before them by certiorari, and it appointed Lord DENMAN
to preside as Lord High Steward on the occasion.
The commission having been read, Garter and Black Rod
placed Lord Denman, as Lord High Steward, in the chair
provided for his Grace on the uppermost step but one of the
throne.

The LORD HIGH STEWARD then directed the Serjeant-at-
Arms to make proclamation for the Yeoman Usher to bring
the prisoner to the bar.

The Yeoman Usher immediately appeared at the bar, hav-
ing the Earl of Cardigan in his custody.
The noble prisoner having reached the bar, made three re-
verences, one to his Grace the Lord High Steward, and one
to the Peers on each side. He then was conducted to a seat
placed for him within the bar.
The LORD HIOR STEWARD informed the prisoner that
he was indicted for feloniously shooting at Harvey Garnett
Phipps Tuckett.
The Clerk of the Crown in the Queen's Bench then read
the indictment.
The Clerk of the Crown.—How say you, prisoner, are you
guilty or not guilty ?

The Earl of Cjaidigan (in a very firm tone of voice).—
Not guilty, my Lords.
Clerk of the Crown.—How will you be tried ?
The Earl of Cardigan.—By my peers.
His Lordship, by leave, then sat down, uncovered.
Proclamation was then made by the Serjeant-at-Arms, for
all persons to come forth and give evidence; and the Lord
High Steward having, with their lordships' leave, removed
to his seat at the table,
Mr. WADDINGTON opened the indictment.—My lords,
the noble lord at the bar stands indicted for feloniously
shooting at Harvey Garnett Phipps Tuckett. The first
count charges, that he, on the 12th of September, in the 4th
year of our Sovereign Lady the queen, did, feloniously and
unlawfully, with a certain pistol loaded with powder, with
intent to kill and murder, shoot at Harvey Garnett Phipps
Tuckett. The second count charges him with the intent to
maim and disable Harvey Garnett Phipps Tuckett. And she
third, with intent to do him, the said Harvey Garnett Phipps
Tuckett, some grievous bodily harm. To this indictment the
noble lord has pleaded " Not guilty," and put himself on
trial by his peers.
The ATTORNEY-GENERAL then proceeded to address their
lordships. He said, he had the honour to attend their lord-
ships, on this occasion, as the Attorney-General to her Ma-
jesty, to lay before their lordships the circumstances of this
case, without any object or wish, except that he might hum-
bly assist their lordships in coming to a right conclusion on
it according to its merits. An indictment had been found
against a peer of the realm by a grand jury of the country,
charging him with a felony, the punishment of which was
transportation or imprisonment. That indictment had been
removed before their lordships at the request of the
noble prisoner, most properly made, because an inferior
court bad no jurisdiction to try it. In a case of so serious
a nature, it would not have been satisfactory if it had
gone off without any inquiry ; and the policeman who
was, on this occasion, bound over to prosecute, had ful-
filled his recognizance by appearing at the Central Crimi-
nal Court and preferring an indictment. According to all the
precedents that could be found, when there had been a peer
tried in Parliament, the prozecution had been conducted by
the law ,officers of the Crown. It was now 64 years since

any proceeding of this sort had taken place ; and he was re-
joiced to think that the charge against the noble prisoner at
the bar did not imply any degree of moral turpitude; and
that, if he should be found guilty, the conviction would re-
flect no discredit on the illustrious order to which he belonged.
But it certainly did appear to him that the noble prisoner
had been guilty of a breach of the statute law of this realm.
The indictment against the noble earl charged the noble pri-
soner with having fired and shot at Captain Harvey Tuckett,
with several intents, which were stated in the indictment.
By the common law of England, wherever death did not en-
sue, personal violence did not amount to more than a misde-
meanour, and if the party wounded by it did not die within a
year and a day, no felony was committed. The learned
counsel then enumerated the various statutes bearing on the
case until he arrived at the act on which this indictment was
founded, (Ist Vict : chap. 85,) and proceeded to shew that
to shoot at and give a wound dangerous to life remains a
capital offence ; but to shoot at any person, whereby no
wound is inflicted, is no longer a capital offence, but is only
a felony punishable by transportation or imprisonment, whe-
ther the intent be murder or any other grievous bodily harm.
It was for their lordships to say, whether, upon the facts
which he would now detail to them, every one of the counts
must not be considered fully supported and established. The
substance of the evidence which it would be his duty to
place before their lordships was this : On the 12th of Sep-
tember last, the noble earl then at the bar, fought a duel with
pistols on Wimbledon-common with Captain-Harvey Tnekett,
and wounded him at the second exchange of shots. It would
appear from the evidence of the witnesses, whom he should
call before their lordships, that about five o'clock in the after-
noon of that day two carriages were seen to come from oppo-
site directions upon Wimbledon-common, and that a party
alighted from each. It was evident from their proceedings
that a duel was in conternigation. They came to a part of
Wimbledon which lies between the road running to Lord
Spencer's park and the windmill on the common. The se-
conds went upon the ground, and made the usual prepara-
tions. The principals were then placed at a distance of 12
yards from each other. They exchanged shots without effect.
They then received from their seconds each another pistol.
They again fired ; and this time Captain Tuckett was wounded
by the Earl of Cardigan. There came up to the spot, slmost
immediately afterwards, Mr. Dann and his son, with Sir
James Anderson, a surgeon, who had been standing close
by and observing the whole transaction. The wound
of Captain Harvey Tuckett was examined ; it bled copiously ;
but the wound was not of a dangerous nature. The parties
were removed from the ground by Mr. Dann, who, being a
constable, told the parties that they must all consider them-
selves as being in his custody. Sir James Anderson re-
quested permission to remove Captain Tuckett to his own
house in London, a request which was acceded to on his
giving a pledge that Captain Tuckett would appear, whenever
he was required, on recovering from his wound. The miller,
Dann, then took Captain Douglas and the other parties into
custody, Captain Douglas being the second of the Earl of
Cardigan, as Captain Wainwright was the second of Captain
Tuckett. The noble earl had at that time a pistol in his hand.
A case of pistols was lying on the ground. One of them,
which bore his crest, the noble lord claimed as his own. The
Earl of Cardigan and Captain Douglas were then carried be-
fore the magistrates at Wandsworth. When he was before
the magistrates the Earl of Cardigan said, " I have fought a
duel. I have hit my man : I believe not seriously. This
gentleman," pointing to Captain Douglas, " is also a pri-
soner, andis my second." The noble earl was then asked by
one of the magistrates whether this man was Captain Rey-
nolds ? He replied, " D'ye you think that I would condes-
cend to fight with one of my own officers?" He was then
called upon to enter into recognizances to appear from time
to time when called upon, which he did, until this indictment
was presented. The witnesses whom he (the Attorney-
General) should call to prove these facts would be Dann the
miller, his son, his wife, and Sir James Anderson. He should
offer no evidence—indeed, he could offer no evidence—as to
the origin of the quarrel out of which this duet sprung.—
Captain Douglas, the second son of the nobre earl, had to
take his trial. He had been indicted with the Earl of Car-
digan. A bill, which was thrown out, had also been preferred
against Captain Tuckett and Captain Wainwright. They
were liable, however, to have another bill presented against
them, and if that bill were found, they, too, must take their
trial. It would, therefore, not be decorous for him to sum-
mon them before their lordships to give evidence, which
might on another occasion be turned against themselves.
He should call before their lordships Sir J. Anderson, who
would state to them all that had fallen within his observa-
tion. On these facts it would be for their lordships to say
whether all the counts of this indictment were not fully
proved and supported. First, as to the first count. It was
painful to use the language which the first count made it ne-
cessary for him to employ ; but it was for their lordships to
say whether the noble earl had not shot at Captain Tuckett
with an intent of crime. " I acquit at once, my lords," said
the Attorney-General, "the noble earl of any thing unfair
in the course of this duel. Something has been said about
his pistols having been rifle-barrelled, while Captain Tuckett's
were not so. However that may have been, I entertain the
most firm conviction that nothing was intended by the noble
earl that was not most fair and honourable ; and I have no
doubt that he thought that one of his own pistols might be
directed against his own person. Nor do I suppose that
there was any grudge, personal animosity, rancour, or malig-
nity, against Captain Tuckett in the breast of the noble earl.
Whether the noble earl gave or received the invitation, I be-
lieve his only object was to maintain his reputation as an
officer and a gentleman. Your lordships are aware that the
noble earl is in the army, and that he is Lieutenant-Colonel
of the 11th Hussars, and I have no doubt that upon this oc-
casion he only complied with what he thought necessary to
the usages of society. But under these circumstances,
though it would have been considered, if death had ensued,
a great calamity and not a great crime, though moralists of
the highest authority had defended duelling, it remains for
your lordships to consider what duelling is by the laws of
England. By the laws of England there can be no doubt
that parties who meet deliberately to fight a duel, are guilty
of murder if death ensues.

The ATTORNEY-GENERAL then detailed to their lordships
the leading authorities in the law on this subject, and entered
fully into the decisions which appeared clearly to establish
his position. He rejoiced to consider that the noble prisoner
would have an advantage that was not enjoyed by any peer
who had ever been tried at their lordships' bar—an advan-
tage which was not enjoyed by Lord Lovat, or Lord Byron,
or Lord Ferrers, or the Duchess of Kingston. He would
have the advantage of having his most able, and ingenious,
and hon. friend, Sir W. Follett, in his behalf, on the facts
and merits of the case. This arose from the most admirable
law their lordships passed a few years ago, by which in all
cases parties accused have the advantage of addressing, on
the facts, the tribunal which is to determine on the case.
But, notwithstanding the learning, and ability, and zeal of
his learned friend Sit W. Follett, he knew not how he could
at all persuade their lordships to acquittal on an any one
count of the indictment. He would not ask their lordships
to forget the laws by which they were bound. Captain Dou-
glas having to stand trial before an inferior tribunal, that
trial had been postponed by the judges on the express grounds
that the same case should first be tried by the highest cri-
minal court known in the empire. Their lordships were to
lay down the law by which all inferior courts were to be
guided. He would beg leave on this subject to read the
words made use of at this bar by .one of the most distin-
guithed of his predecessors, who afterwards for many years
presided with great dignity on the woolsack in their lordships'
house. He meant Lord Thurlow, who, when addressing the
House of Lords in the case of the Duchess of Kingston,
made use of these expressions—"
I do desire to impress this
upon your lordships as an universal maxim—that no more
dangerous idea can creep into the mind of a judge than the
imagination that he is wiser than the law. I confine this to
no judge, whatever his denomination but extend it to all;
and, speaking at the bar of the highest court of justice,.
I make sure of your lordship's approbation, when I comprise

even your lordships. It is a grieious example to other judges.
if your lordships assume this power of sitting in judgment
upon the law, why not the King's justices ? Why not the
commissioners of oyer and terminer? If they do so, why
not the quarter sessions? Ingenious men may strain the
law very far, but to pervert it, and to new model it, the
genius of our constitution, says the judges, have no such
authority, nor shall presume to exercise it. ' He would con-
clude with respectfully expressing his conviction that their
lordships' judgment in this case, whatever it might be, would
he according to law and the justice of the case, and that
their lordships would preserve that high reputation in the
exercise of their judicial functions, which had been so long
enjoyed by their lordships' ancestors. The hon. and learned
gentleman then bowed to their lordships, and was about to
withdraw, when he again turned to the house and said—that
on account of the sudden illness of his learned friend (the
Solicitor-General) he was deprived of the honour of attend-
ing to-day before their lordships.
Mr. Daun, the miller at Wimbledon, his son, Sir James
Anderson, John Busain, inspector of police, and Mr. Charles
Walthew were severally examined as to all the details con-
nected with the duel with the utmost minuteness. Sir W.
Follett cross-examined the witnesses at great length, but
nothing was elicited to induce us to give the evidence at
length, indeed it is so continuous that an abridgement would
not be understood, and the principal facts are narrated with
great care in the Attorney-General's opening speech. When
the case for the crown had closed, the defendant's counsel
rose and spoke as follows :—I venture to submit to your lord-
ships that there is no case that calls on the prisoner for an
answer. It is an attempt to prove a case without sufficient
evidence. Your lordships will observe that in the first count
of the indictment the prisoner is charged with feloniously and
unlawfully intending to shoot at Harvey Garnett Phipps
Tuckett, with a pistol loaded with gunpowder, and a leaden
bullet, intending thereby feloniously, wilfully, and of his
malice aforethought, the said Harvey Garnett Phipps
Tuckett to kill and murder ; in the second count, he is
charged with intending to maim and disable the same per-
son ; and in the third count with intending to do him some
grievous bodily injury. Now, my lords, I apprehend it is
not necessary to state anything to your lordships in order to
show that the prosecutor is bound to prove the Christian and
surname of the person against whom the alleged offence is
committed ; and that if he fails in that lie fails in the proof
of his case. Your lordships will see that there is no evidence
whatever to show that the person against whom the shot was
discharged was Mr. Harvey Garnett Phipps Tuckett. The
evidence before your lordships would rather lead to a con-
trary presumption. I apprehend that positive evidence must
be given to prove the identity of the party. '1 our lordships
will observe the evidence on this point, They call a person
named Codd, an army agent, who receives the half-pay
of a Captain Tuckett, formerly of the 11th light dragoons,
and who says that his name was Harvey Garnett Phipps
Tuckett; but is there anything to identify him with the
person alleged to be at Wimbledon-common on the 12th
of September? Mr. Codd never knew anything of his resi-
dence, and never saw him except at his office in Fludyer-
street, and an insurance-office. There is nothing to connect
that gentleman with the transaction. What is the rest of
the evidence? A person comes from the Poultry, who says
that a Captain Tuckett occupied offices from him ; that he
is an East India and army agent ; that his name is Harvey
Tuckett ; and that he does not know where be lives. Now,
my lords, there is nothing to connect that Captain Tuckett,
spoken of by that witness, with the party who was on Wim-
bledon-common on the 12th of September ; therefore, I con-
tend that they have entirely failed in an essential part of this
prosecution. My lords, this point is expressly decided in
the case of the King v. Robinson, in Holt 's Reports, p. 595,
in which it is laid down that it is essentially necessary to
prove the Christian and surname of the party against whom
the offence is alleged to have been committed. I say that
there is not a tittle, not a scintilla of proof of the Christian
and surname of the gentleman who was concerned in this
transaction, and against whom the offence is charged to have
been committed.

The ATTORNEY-GENERAL then at some length contended
that there was no force in the objection; and Sir W. FOL-
LETT having replied, strangers were ordered to withdraw.
On their re-admission it was ascertained that their lordships
had decided in favour of the objection raised by the counsel
for the prisoner, and the Lord High Steward then put the
question to each peer, beginning with the junior baron, and
ascending according to the gradations in rank to the highest
in dignity present. His grace, while putting the question,
stood at the chair, and, addressing each peer by his Christian
name and title of dignity and of office, as John, Lord Keane;
Ilenry, Lord Brougham and Vaux ; John Singleton, Lord
Lyndhurst; Henry, Marquis of Lansdowne, lord president
of the council, &c., said, " How says your lordship? Is
James Thomas, Earl of Cardigan, guilty of this felony whereof
he stands indicted, or not guilty ?" Each peer, on his name
being called, rose and uncovered, and stood uncovered while
the Lord High Steward was addressing him and then put-
ting his right hand to his breast, said " f Notot Guilty, upon
my honour." Such was the reply of all the peers, with the
exception of the Duke of Cleveland, who said " Not Guilty
legally, upon my honour."

After all the peers, the Duke of Cambridge, the highest in
dignity present, being the last, had given their verdicts, the
Lord High Steward gave his verdict also, of Not Guilty.
The Serjeant-at-Arms then said, " Yeoman Usher, call in
James Thomas Earl of Cardigan."
The noble earl having been placed at the bar,
The Lord High Steward, addressing him, said, " James
Thomas Earl of Cardigan, you have been indicted for a
felony, of which you have been tried by your peers, and I
have the satisfaction of declaring to you that their lordships
have pronounced you " Not Guilty," by an unanimous sen-
tence. The number I have not precisely at this moment be-
fore me, or I would be glad to state it to you ; but their
lordships have unanimously said " Not Guilty."
The Earl of Cardigan then bowed and retired.

The proclamation Was then made for dissolving the com-
mission. The white staff was delivered to the Lord High
Steward on his knee by the Garter King at Arms and the
Gentleman Usher of the Black Rod jointly. His grace
thereupon stood up, uncovered, and holding it in both his
hands, broke it in two, and declared the commission at an
end.

Lord DENMAN then, in his character of Lord Speaker,
took his seat on the woolsack, and asked whether their lord-
ships wished to adjourn ?
The answer was in the affirmative, and the house adjourned
till next Friday. • -