The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1816-06-12

Mr.. Fentop, wero sFokta in heat and
not founded in fact, and he was sorry
for them" This was objected to. DR..
Carter then proposed,o cxpungc The
words "Dot founded in fact" but capt. {
Forrall would not suffer any apology.
Hillas was attended by three men all
very competent TO advise him on such
subject, but capt. Ferrall was par;i-
cularly SO.
On being cross examined, he said,
there Was no written apoloHs required
from major Hiilas ; he did not know
whether Mr. Michael Fcnton, the PHI.
soner, Thomas's father, was skilled in
due Hing, but he was quite sure thac
Mr.. John Fenton, his second, WAS quite
inexperienced, and he believed Tho.
mas never sent message 6eforSS
The case here closed on The part, OF
the prisoners s judge FLE1 CHER
proceeded to charge The jury he said
that he had an arduous duty to dis
charge, but that there was 10 excen.
ton IN case of this kind, aud he was
bound TO tell them, that wherein du.
el Gea'h ensues. II is murder-murder
SIS well in the principal as in the second.
Here one OF tho seconds was the cou.i
SIM ahd Inc other Mr.. Fer:ali) though
not indicted was equally cuipable :.
! No matter Whether the duel vas fair
or touI, usual, or not, the law recogv'
n'2ed 10 shades of distinction, and he
was obliged to tell them, that if
two people went out with mortal weap-
ons 10 fight, and if death ensued, it was
murder. 1t was lis painful duty TO tell
Item so ) but III such case nothing
could be innocent unless where two
men, wearing,as formerly, swoe,.s. had'a
sudden rebcorire, if death ensued, it
was msnslaughtcr. b., even there, il a
previous message had be en- delivered,
At was murde". AS 10 the discussion
whether L was iai~'ducl or lot, il was
ior Them, having laid down Tie law TO
them, 10 consider. lie had told them
If they ac,cd legally bow they SHOULD
| Ind, but lie could not pretend 10 be ig-
norant Ct what his experience Lad
iau9ht him, and lie must say, in the
melancholy course of his professional
experience, he had never seen less de-
Walton or CorrOboration in the witness =
Is, or loss 10 induce them to suppose
that tsirer duel was ever fought On
the part of the unfortunate deceased,
there even appeared to be some at
temPtat display: he made speech
before he CrowG---there seemed even
Some stage trick in his proceedings.
and lac could not help rematking it to
them. though AT the Same time greatly
regret that SO worthy and excellent
young man as he appeared TO be, had
met with so untimely an end. 1t was
proved also, that tae deceased not oniy
wore black dress, but had pre- pacedI
| black sleeves 10 his waistcoat whi
| elect black had in such case he dioS
not know, but it at least showed pur.
pose nthe part Of the deceased. He
had, perhaps, cntangIed On this sub
ject moro thar he ought, but he had
previously done his duty, by informing
them what The law was, and he had in
addition 10 ieli them, that they could
mad no intermediate verdict between
an acqu;t'al or murder
The jury retired. and IN few r,i-
nutes returned verdict ol--not gull
~, as 10 both the prisoners.
| Judge Fletcher then addressed these
young gentlemen i'll very impres Sive
admoni'ory address, as to the awful
si;uation in which ihey were placed,
* ordered them 10 be immediately dis
charged.