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


crown is'L before the jury the Following
Statement, Vt the circu,a stances in " hich
the prosecution had originated.
Upon the 18th of last Dec. a YES
sci asdrIven ashore by stress of wea,h
err, on the coast OF Tivcrsgh, near the
residence of Major Eillas, who was an
active magistrate, ard young man Of
the most humane disposition. A Ro
man Catholic Clergyman, by the name
OF Burke, sen, 10 inform him of this
unfortunate occurrence. lie imme-
d'ateiy FASTENED to the spot, TO di-
charge, his duty as magistrate, and
iuihl hts natural inclinations as a man.
The Captain, he found, had fallen o.
eiboard, and 10 his cxcrtions du ing
The entire OF dark and stormy nigh,
the safety Of the mate and IL of the
crew is chlefly TO be attributed. HIS
object IN SO acting resulted mere from
motives OF humanity, and was far from
criginGting many pecuuiary considera
ion. While he ives in This lauta5.e
pursuit., Mr. John Feu,Jn, ono OF tie
prisoners, came up and interfered it,
a manner which appeared 10 him not
70 be very correct an altcrcalinn arose
and the result WAS MIR. John FeptUu's
telling Major HilIas 'that 1t lie inter
Tered rthcr he would throw him TOTO
the sea" He, however, continued MS
excrtions 10 the 9Th Of December, Oh
which day the other prisoner, Mr.. rho.
mas Fenton, arrived with a body OF
yeomen and forced the property out
! OF his possession. II was in vain that
HaJor Hillas remonstrated-it Was i'll
vain that he declared his object was
| not salvage, and that lie was only en-
GeaVoring 20 save IS much as possible
| from the wreck, Tor the benefit of The
owners. Being in this manner frus-
"aied IN his Intentions he made jour,
| ney to Scotland, where the owners resi-
ded In order to make them acquainted
with the circumstances of their loss :;
and on his return, Mr.. John Fenton
| sent him message, which, however,
| was declined, upon principles which,
! nc must say, appeared 10 him perfectly
! justiiabie.-Thus the matter rested
until the Both oil January, when Minor
| Hiilas and Mr.. Fentcn put in their c.
| spective claims befu . Mr.. Nynne and
| Mis- Irwin, two magistrates WHO were
app ointed to investigate the matter
| Major Hillas disclained before them
having been acluatsd by any pt crrjd-
ry motives, and proiessed that he came
there merely 10 gave the rIg hts Of the
respective parties clearly ascertaiped
1t was upon this occasion tina. the cir
| oun-st2nces arose in which the duel
! originated. Mr.. /, as complained
that he had been treated unhandsoms ly
by Themes Fenion, who mad Interior
ed unjusufably, and by taxing The
I mate out OF his hands, secured 10 him
self in an unhandsome manner The legal
custody of the vessel. MIR. lWypme
and MI. Irwin investigated the TRAVIS
action. In four days after the investi
! cation CLOSED, Mr.. John Fenton deliv-
cred a message to Major Iillas, in the
| name OF MIR. Thomas Fcnton, the re-
| suit oil which was fatal 10 Mr.. Hil!as.
The Jotiowing @vitnessea vere the, er.-
GmiRea:
James Molfatt knew Major Hillas
he died by pistol shot fired by Tho
mas Fentoh; he was ON the ground al
KIlmacowen, in the county OF Sligo ::
was there before The parties were plac-
ed on the ground saw the erouuG
measured ; Fenton and Hillas walked
backwards and forwards on it, they
passed each other twice Fenton was
FIRST placed on the ground, then Hil.as
took his ground; thinks about minute
o. two before Hillas was place. on his;
cannot say who handed Eentol his Div
TOT ) when he had il in his hand, John
Fenton came up aud pushed in Tho
mas fenton's arm, opposite to IIillas's
MP, he then stood between him and
t1Ilias who also had his pistol he stood
Immediately before Thomas Fenton,
he cannot say how long before the word
was given, but he remained there a.
bout ten seconds after; John then step
pet aside across the muzz'e of Fer
tons pistol; Mr.. Jones did the same
towards I1illas ; he thinks he retired
little before Fenton retired; after tha,
they fred Immediately Fenton fired
hrs, end Hillas fell the two shots
went of just as one might say "oLe,
two"
On has cross examination he saidwhen
J. L. pushed Thomas's elbow, the ef-
feet was, that he presented less front
to his antagonist, it protected his body;