The Statesman.
London, England, 1818-01-17 00:00:00

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-,g) BAILEY.
• -
FRIDAY. JAL IL
FATAL MILL • .
Abell htlf-past nine o'clock, the Cant being
very .crewded, Mr. Theodore O'Callaghan, Mr.
(Narks Nichol*, sad Mr. Thomas Jew Philos
were brought late Girt, sad were nrreigned With
the *seal forms. The bill bad been famed by lilt
goad Jsry oe the wogs( sight.
• *ihattly after tea o'clock. the ledges mitered, and
doe Prisosen wets pat to the bar. There was a
=rtejectioe apse their cenateneeess, sash as
men nth' had bees instrumental is the •
lent death of • fellow-creature. The ledietineet
"fru thee reed over by the Clerk of the Isereigesi
sod It charged the Prisoners wkithening feleseinnsly,
wilfully,. and with .malice 'aforethought, eardered
VAliegad Bailey.
Theo was so Counsel on the pert of the Pro-
eeciatiewk.wied Air. .lestice PARK basin reed over
the depositions given at. the Pahlic-elice at Bow-
street, called and essained the following witnesses :
miaow Mims stated, that he lived at Saghtuffs-Insa, fisSO
Chelk-farm. rear Hampstead, in the county of Middlesex. O*Monday last, the 14th insum, snow after able in the morebtg.
befog unwell in bed. he heard the report of Bre-anes m eWe
, that he apprehended some Geollemen were fightiag a
Wlther l. Ie get ota of bed, let down the wiedow•statuert. sad,
.cue feet Geotleepe, at the diesetwe of 500 yards from doghouse..
two of wheat were etaadieg at statiotied disunites, at I% or 14
yards from each oilier, sad the other two standing together ..
the left side of the two who were at stationary
dressed himself as fast as be could. It was not a clear eneeekm,
and the wind was high. Just a. he got otter the pie into Me
Geld. he beard the report of two other-pistol'. lie me one et
the lieetleuiew make a kind of tura. as if he had been shay, aid
fiset three wilier Graakmen immediately ran to him. He took.
hold of tan of their arms, and all four -advanced towards sig-
mas. His fittention was to ban stopped the proceedings had
be been in time to do it. When he wit their. the deemed (Ed-
mead Balky) bed his waistcoat, ealseelemsed, and aim his wow-
sees at the waipebaud. He was Nadia"; profusely. Whose
absented tothent, •• This is ass tinfeettiosise stair r ainthe re-
fuy was, 04 Ye!, it is, we ere all bleeds, it has been as en-
ttuaate affair. It was net oar quartet originally." They
were to have bees seconds in another *Harrel the day before,
which occasioned the present affray. They eaquited if the
whams knew of &Ey house to which they could reeve, the de.
crowd. Witness eared his own house, and there the Beam&
was taken. They then anxiously ',looked for surgical as.
sistance. Ned whorls told the.. be would send ter . Mr. Redd.
of flanspete.d. This was door immediately Mr. Bailey was
taken into his parlour, and placed ern the sofa, nod is a little
mere than half an boar Mr. livid arrived. Mr. Palley was still
alive. aid a ball from his left side was extracted. Refare Mr.
ftodd came, and as moo as be was placed en the sofa, Mr.
Bailey called Mr. O'Callaghan to him, and desired him to take
his right hand, which appeared to he in considerable pais. He
dr-iced hint to shake hands with him, laying. thus he freely foe-
gave him all. and adding
_.. every thing has been efindoeted is
themes honoarahleway." He asked Mr. O'Calinahnst "if it
had bees your ease, would you have done so /"' and the reply
of O'Callaghan was, 64 V.,. my dear fellow. 1 wish I had
been wounded hewed of yen. I felt your lirstimll between
my legs.. 1 wish it bad taken effect, Mr 1 should have been
wounded, and that would have pat a glop to she duel." Mr.
O'Callaghan then exhibited his winners, and book the legs were
cat through, and opt of the berets. ,It appeared to have been
done by a ball. !trier ibis, and before the death of Mr. Bailey.
Mr. O'Callsyglian went to Hampstead. which was about three
quarters of a mile from the place, sad brought a cinch., He
afterwards west to Cialk-farsa with Mr. Reebok, in order to
procure a a
s lodgimgoaritLdeceased. Mr. lined clammed found
to Air. Bailey Mate, sad advised nntiee to be give*
to his friend.. Mr. Rey earned Mr. Phelan for that powwow.
Mr. Phew. west to town fur that purpose, and to extmateseme
Catwolmiees. Mr. Redd had declared that the deerenrd world
not lin waxy miaow& as that time t he added there was ao time
to be last, std that Mr. Rails" should see his friends Immedi-
ately. All the Primate+ were folly aware el the erous
Almaden of the deceased. Witness asked theat whether they
Weeded to meet the Comet. sad they all said yes, And gave
their said. et address. This was before Mr. Phelsa had gene
to town. In his absesice attolleer was sent for. and the two
trimmers thee promo( surniedwillf. and Mr. Phelan save him-
rWl *poems as be masa them sown. Two hours after Mr.
Raney had entered the Iteese. he called O'Callaghan again to
him, sod dadef Wage taco his band and rub it in a particular
c:atto, as ko Mood vest cane. be said, from it. Mr. O'Cal-
dld it Sae seat rime. and Mr. Newholt did so also. All
otitis. waspaid to the deceased. Mr. O'Callegban. as well
a. Mr- Plmdoo, seamed very much sheeted, and all of these
awe wars. Mr. Wry lived three or four hears, and then
breathed his last. I. the coarse of the morning 4 and while
epos het seta. the deceased said severa 'isoes. t. yeti
all. and thank yin for your ilientlob. Wham did. not see
she bead that Bred either the first or the snood elm.. On the
sieved Bring, below smoke some height in the air. He saw po
pistols in any heads. Helen he quitted Ms bed room he saw a
Bred over the hedge, •quiteass ay fret...ay body. but, be-
gt*,
at 401) yards' distance, he mld e nut ditalarelsb the Oise.
[ he Oeulkinaul who Bred it. He saw mashie more Nike
plow until he get into the held. Just before be got over the
ate. and beton he braid the wooed report of the pistols. be
wilt the two second- retire, sod the two other Gentlemen place
themselves at stationary distances. He afterwards sew two
g=2:ene on bb pat lour.table. with a -powder-Usk. sad a
Id These be produced in Court.
' Ufatabillisied by Mr. Not.as.—As MOD as the ponies. 4 am*
low Ms Isowsh sod repeatedly after, the Prisoners said they
woe INK to UMW $ the quarrel was not leeks; and the de-
cooed as oft., admitted this so be the case. mid named the per-
sou who really was in fault, and wit;: whom the quarrel bad
',ticketed. The witness here raid, that perhaps it would opt be
Malt* to mention the name of Me person.
Mr. Alike Panic Conesirred la the propriety of this person's
new mot being mentioned.
Mr. George Redd was a vargeon residing at Hampstead, mid
was called in on the Oh January le examine the deceased.—
He nrrived there st6rtiy after hi o'clock. He me Mr Bailey
,skting us a sofa, wish Isis right side -bloody. Mr. Bailey said
he apprehended death, and witness costumed the observation
Witness extracted a hall from hi. side. After the death of the 1
deceased be was opened, and it was found the hall had peue-
tested the intestines in three different places. These wonnds,
is his jadgmeat. caused his death. After !meow extracted the
hell. adonis asked the deceased whether every thing had been
fairly dune? His answer was, '. Decidedly so." He then told
him, '• If yes base any thine lit communicate to any private
friend, you had better do it." Bailey theta called Mr. Phelan
to him. Shortly afterwards, Mr. O'Callsgban, at the request
pf the deceased, held op his hand. as it gave him, he said. caw
sidentble relief. He said, " God bleu you, 1 thank you all for
your attention." Mr. O'Callaghan said, 44 I hope. my good
Weed. we shall be walling together again in two- or three
weeks;" and Balky replied, 44 No, I shall
belie Heave, before
that time." Witness received all the assistance iu their power
*sada Mows.
.fievea.exambeed by Mr. A!men.—Tbeatteatletrof these Gee.Me=thetineemisd was saitonsts Wad.
*ism of the
_Heat, an Weer, proved. the apprthr
Geaqte /Wilk, beloaging I. the Tax Mee, was eallord I. by
1 Mr. Adams to hi. house, while the decreased was siedog.opas
the sues.
Gernemias:Mt
blew
netting
lit the A
ampadle.llTbe Prisoners behaved
ssr~d, the deceased.
*Odom at las port of the prosecution having been here
ellasd, the Mama aim severally called upon for their de-
IMMO Ilelaberler.Mewbelt War Mr. 'Phelan maikkany defeime $
Mr. ir after leaviag expensed his inability of
• woe , Wooded is a *ditto defame, which was ia
eemew—
• *Sly MI Gimemetem of the Jury.-1 sever appreltrod..
asst elleeM.eppolir in a Court of Jude, to mistier for a
. Moan I sew bad a dispeeition to commit oar. My
sad Bleolliemea, Illave se ober observation to make then
lie ailpeesa ley at4eleece. its seer Ilberality sad justice, aids that
Ell bWeveme fa thineleimleciaratin, that as ions eine,
&tidy nonneesed weds-dos Wave man now no maces
more regret they do the unfortunate ealmitity
each ha- ',pee to this bar."
Mr. 0' appeased deeply sleeted.
Minoan 10.1herseter were them called ea she part af.ll*
mid hauteur of Mr. O'Callagbut we called. .• . '
I Ilorray. way had blows him sioee the year 1619. sled
la the bighead terms of big character as a quiet, eilldieso-
Mr. O'Conael. who had blown Mr. O'Callaghan yearly all
his life. nod Mr. Chula Steam Radford, deposed to eke orost
ef.et. .
Os the port of /4r. Wallah; her witnesses appeared..-Mr.
Robert Rildwia bad been intheatelyacquaieted with Ids fishy
fora great ildeiber. of years. :ad with Mr. Nevarelt visor l
.___,..... frr nee vrs. red forasildness. humanity.ite

THE STATMW4

ter. *Mi. &ilia, Lieut. Thomas Berke, need Captain Jails
Ailea, caollorieo this ststemeon.
'estris.StriZZ'llr. Woods. tike Me bare' hho twfvo
atm to hes hisamee,beedevaldr. and hwia-
howled etas; Mr. Biker, kr. o',Bersa, gall,tlig.Table, gave
him admit', chameter. - - "
Xs-Jester» Peat wanedop.** +jaw*. Tbs
crime of emseder was the lideeirine killing of a penes
Witb milk» aforethought. The malice was either
itihdllailid by *areas dedaratfeds, or implied free
Mee eliessatauct• of th" era. At primed be would
etsly state this ‘llllllllille, 'reserving his Faggots oe
.the circometastats of the. preesat case till he should.
have read the evidence, whisk he felt it necessary to
do, although the transaction itself was recent, sod
this improaSion of the 'redder» on their minds was
strong, became the' case was both new and import-
ant. After repeating the part of the evidence which
' stated, that at the first fire the bail belt grazed Mr.
O'Callaghan's leg, his Lordship said it was much to,
be lamented that this did Netiwerent further firing,
or that'no person had Interfered at that usomeot.
Whoa be bad repeated 'all the evidente for
prosecetion, be reverted to the character of the pi*,
sent chair.' In murder, all wise were siding aid,
abetting were eqesilyguilty is the prieeipal.
ewe band polled the trigger, and fired the fatal
yet all who were siding and .abettingin the truistic-
'lion were held to beeqsally criminal. So tender was
Abe law of England of 'the lire, of lan, that all hood-
side was considered as the melt of malice afore-
.thought, that is, as awarder, melees tbecontroy was
proved, and the malice aforethought, which consti-
toted the sting of the offence, was taken away by
direiOnstaaces. To kill in adiancetnent of justice, or
flea stblf.defeece, was not marder. It was foe the'
slary to consider, not whether'hovalcide was commit-
ted, bet whether the circumstances of the case took'
away the sting from that act which constituted
merrier. It was his duty to state (he was happy in
beings() ably assisted in this duty), it was absolutely
stecesiary to state what the Law of England declared
respecting caste Hie the present. It had been stated
,by his predecessors, hundreds of years before, that
if there be a deliberate intention to do-bodily harm,
pod death ensue, it was sufficient to constitute mur-
der. Ho had already said that malice might be either
ezprened or implied. In duelling it most be ea-
pressed.• It was for the Jury to say, whether ma.
lice was repressed in this case, after they should have
considered the authority which be would read to them.
9,* Lordship then referred to the authority of Lord
Ihle, Sir Ed;rard Cokel Judge Foster, Judge
Blackstone, and a Learned Judge now no more, who
• had satin theking's Bench 10 or 12 years ago, to show
that if persons go into a field with pistols, and one
shoots another, it is not murder, because they are
supposed to have acted in the heat of blood, bat tits%
if time has been given for deliberation it was mu:der.
Judge Foster distinctly says, that if the do. ; has
been fought upon principles of resent', nithough
.upon tht punctilio of false honour, it I- 1.-4rder ; but
be make' this distinction, which was of the highest
importance to the Jury in.this ease- -si !lie death has
arisen from sodden quarrel, it izcasslaughter, for
'the blood newer cooled. This was the law of
land, and he felt it his duty to F it distinctly tO
this very crowded Court ; the !4,tatetotorit, he hoped,
would have Its effect on the p•Liblic mind. Bet, in ,
the present case, it was their duty to consider who.
ther the transaction came :ruder the one definition or
the other. If the Prisot, -a went deliberately to the
field where the'deceised was shots It was murder;
bat i( they went thither soddenly and la the beat of
blood, and no appesranse to thecontrary was proved,
they might, for ought that appeared, hero .passed the
preceding night in a tavern' end gone forth before
their blood cooled and in a kind of furor : if this was
the clie, it was manslaughter. It *as painful
stew their conduct; but be most discharge his defy
conscientiously. ,In the administration of Criminal
law, palatal tasks were often imposed on Judges
and Juries. It could not, however, he said Irma
'the evidence before them, that the Prisoners had
cooled ; if it tosild, it was their imperious duty to'
find them guilty of murder. It would be quite idle
to dispute, that Mr. O'Callaghan tired the fatal shot.
If in doing this, he committed murder, and the other
two mere present, not accidentally, but as secopdai
they were guilty of murder. if his came was man•
slaughter, they were guilty of manslaughter.
such oases, as we read, for he had never been pre-
'NM at any thing of the 'kind, challenges were de-
layed for a day. In these cases there was delibera-
tion, although not deep and deliberate revenge ; but
here it did not appear when the quarrel took place.
The circuteistance that had caused the quarrel had
happened on the preceding morning ; they might bast
afterwards met in a tavern or in a play-house, and
proceeded to fight in the beat of blood. It was lus-
t ossole to possess a Eigher character thaw was given
to Mr. O'Callaghan. lie might have associated
with the deceased as his unfeigned affectionate friend,
aid yet have been harried into the conduit in ques-
tion, as the supposed stings of, a friend are more
goading tad heating than another's. The deceased
uttered no complaint against him: Ibis might partly
be ascribed to the false honour attached to such cases;
but with eternity before kle- eyes, for he hoped
to be in Ammo soon aftirwardis wish this object
before his eyes be made no complaint. Mr. O'Callags.i acted
them. as well as booms heist/ mold do. The only point, thee,
he repeated, was, whether time had bees given for the blood
to cool. There was will somhereircumstaace *MICA they woold.
recollect. If any fair and hottevt doubts trate in their miods
this pole. the Prisuaers was eatitkd to the weight of those
doubts. It was a great thing too, to my of awe charged w
murder, that they were tile, mild, and humane in p_lacep
which exposed the bi to be heated, 'is Military aid Wank
Ofietn, where the blood Was moth dein. had Where it evati
much more likely that they should have felt sodden heat end
fury of miad. Ile did oat walks* the several whom** to
character. because be stater, Is the most estesetoe terms Mot Ito
mt. could stapd fairer before tise.Jory is OM of, character.. '
The aeons carrel* of the (bees kad set itself t all laws,
divine mid haulm He trusted Hid world dWehttheir minds
to give a jest verdim. The Indy aiteraotly foe them MI. is
god a verdict of murder twamoviargliter, If they did pot think
it mover, they moat and it !ainulatighter._ .