The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1837-09-08
DuELLING IN FRANCE.

Al important and highly interesting
case has lately been tried in the French
Cuurt ii cassailun, 10 which the ques-
ton Submitted 10 the jury was, whether a
person Who Stays another IN single CON-
bal is liable TO the consequences which
usually ensue in ordinary cases Of homo
eide lnnl jpstifable.) The Court was
very much CROW dad, Il being announced
that the President IL the Chamber Of DE.
pulies IN. ProeuTeur-Genera Dupin)
would enter a, length upon the legal and
moral question. The following are the
circumstances out Of which the case arose:
". i. EJpress.
Ia ihe month Of January last, al party
~ Tours. a dispute arose over their vine
between vi. passon, pleader al the Tri-
bunal Of Commerce, AID NJ. Baron, an
ayou. which at length rose so high that
VI. Baron gave ". Passon a blow. A
challenge ensued. and swords were the
wespuns agreed upon, although VI. Baron
declared thai he had M skill in fencing.
Two swords were produced. aud drawn
Tor By lots. The lonRes, fell into the
hands II NJ. Baron, who however, after
few passes, was killed BY his adversary.
A prosecution Tor homicide vas Instl.
luied against the surviSor before the 'frl-
bunaI de- Premier Instance, al Tours,
WHICH declared that tlIere was no grounds
fnr the proceeding, rs duelIing vas aot
nolicad IN the criminal code. Against
thls decision the Prucureur-GeneTal APP
pealed to tie ROYAL Court at Orleans.
Nh,ch confirmed lie judgment al the lrl-
hunal. aud the case vas removed Ia the
coun Of Cessation at PARIS. by further
appeal.
VI Dehaussey stated the case, remind
tnf tie Cunt that the procuTeur-Gene
ri AT Orleans had MAINTAINED that AHl-
ries 295 md 296 ii the Criminal Code
w,t. enrrally applicable 10 every spe'
cles of vnluntat, h'mIcied without excep-
unr; aud iha, in 1918, The C"uri Of Gas.
.auon declared that the pracuce Of duel
ling va. contrary 10 both religion and
moralny.
rhe President having inquired whe
Their any advocate had received instrur-
tlons to plead the part Of VI Prss"n, aud
M one coming forward. VI. Dupiu, the
rmcureur General ii the Court, made
the following amnus other remarks:
Since the revolution # 1889, We have
entered npon a career rf common rights;
aud this community of rights fnrbids one
man To kill his ntlghbor under any pre-
tence whatever: and this is the reason
why the prohibluOn Of duelling had no
occasion To be- specially entered in our
laws. tpplause al the bar. In order
to corroboralc this principle, VI Durln
brought forward a number ul facts, Illus
traung the history nf our legislation upon
this subject. Fur instance, he said that
I.anjuiuals, Who formed part Of the legis-
latiye committee, withdrew an artlclc
which he had presented against duelling,
on the remark being made To HIM that the
case came under the general law respect
iug homicides; and that one Of the Indl-
viduals whn we're entrusted with the for
nation of the code of 1910, when ques-
toned as 10 the motive which induced
them To be silent on the subject oi duel.
ling, replied, a" Dwelling is comprised in
the general article upon homlcides. but
we would not do il The honor of special
" mentioning it," Applause at the bar.
During 500 years" continued NJ. Du-
pin. 3" the Kings Of France struggled with
the nobility, who PERSISTED IN taking the
law into their own hands. Gentlemen,
our pride Of social equality would be now
a-days hurt al seeing a crime, reserved
for our mobiles especially. mentioned in
our code Of laws; tolerate then, no longer,
| beseech you, custom 10 which France
has ever been opposed, even in the most
disastrous times. The Belgc nation has
no other code of laws than ours; never
theless duelling is there suppressed each
day, and punished: punished, | will ven.
ture to say. amidst the applause Of Eu-
ripe. Homicide commi,ted IN duel,
canno. be said 10 be unpremedi.a,sd.-