The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-11-07

Before Mr.. Justice Vaughan and Mr. Baron Anderson
This day was fixed for the trial of Edward
Delves Broughton, the second TO Mr.. Mirfn
in the late duel at Wimbledon. At an early
hour the envrons of the court were
crowded with number Of respectable
persons anxious to obtain admission. Among
those most pressing to be admitted were seve-
raj young men in deep mourning, with Grape
round their hats.
When the Judges took their seats at 10
o'clock, the Justices hall was completely
filled.
The several persons against whom the
grand jury had returned true bills for wilful
murder were then called by the crier Of the
court.
Francis Lionel Eliot.-No answer.
Edward Delves Broughton.-No answer.
Mr.. Bodkin rose and said that as their lord
ships were aware Mr.. Broughton had, through
his counsel, expressed his intention Of sur
rendering that day to meet the charge, and he
was then in readiness to do so, but note had
been received from Mr.. Clarkson, his counsel
stating that in consequence Ct sudden indispo.
sitlon he was unable to fulfil his professional
duties. In consequence Mr.. Bronghton had
been advised not to surrender.
Mr.. Justice Vaughan-He would have
been very safe in your hands, Mr.. Bodkin,
but if the man is not here he cannot be tried.
The crier was then directed to call,
John Young--Answer 4" Here"
Henry Webber-Answer /" Here.'
The above named individuals then surren-
dered, and were placed in the prisoners dock.
Young, who is "a years of age, was attired
in deep mourning. Webber, aged l6, wore
blue coat with cloth buttons.
MIR. Chambers appeared as counsel for the
prosecution Mr. Adolphus defended Web
Der, and Mr.. Phillips, Young.
The indictment was then read at length. 1t
charged the prisoners with having wilfully,
felonously, and with malice aforethought,
aided, abetted, counseing, comforting and
countenancing Francis Lionel Eliot, on the
22d of August, in the parish of Wimbledon,
in firing pistol loaded with ball at Charles
Flower Mirfin, and that the ball from the said
pistol did strike and penetrate the right side
of the said Charles Flower Mrfn, causing a
wound one inch in breadth and ten inches in
depth; and that the prisoners did aid, abet,
countenance, etc, in killing and numbering the
said Charles Flower Mirfn.
The prisoners also stood indicted on the
coroner's warrant, and the inquest jury's ver-
dict for wilful murder
The prisoners pleaded not guilty in firm
voice.
Mr.. Chambers said he appeared on the part
of the prosecution, and to state the circum-
stances which led to the present important and
solemn inquiry. In the first place he had to
implore them to dismiss from their minds the
daily rumors and reports which had been pro-
mulgated; indeed, he was quite satisfied that
it would be unnecessary for him to caution
them further. On the facts Of the case to be
proved they were alone to decide. As to the
practice of duelling, it was not his office as an
advocate to enter upon any discussion, or rea-
son upon opinions respecting it, but plainly to
state the case upon which they would have to
decide. As to the law, it did not recognize
the nice points ofhonor, so called in the Ian
guage Of dueing. The law of England, how
ever. had that regard for the infirnity Of man
kind that the offence charged might be re-
duced 10 manslaughter The learned coun-
sci then stated the law, observing that it would
be no doubt more fully, and certainly more
ably done, by the learned Judge. They had
heard the officer Of the Court read the indict-
ment, describing the charge. II would appear
that the two prisoners, Weber and Young,
with Francis Lionel Eliot, were present at a
duel, and the next inquiry will be, whether the
prisoners were there by mere accident as lock-
ers on, whether they were not assisting In and
countenancng the duel. 1t often happened
in such cases that they were involved in mys-
terry, as well as the origin of the quarrel. He
would, however, commence narrative OF the
facts by first taking up Eliot, Young and Web
Der on the day before the fatal duel. Mr..
Chambers then proceeded to state the chief
circumstances as detailed by the witnesses,
and concluded by observing that the law APP