Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-11-12
JUDICIAL.
ttom The London Morning Herald.
TRIAL OF ABETTORS OF A DUEL FOR
MURDER.

| biouEhloh, me second 10 MI. MUM IN the lat
duel at Wimbledon. At an early hour the envi
rons of the count crowded with Il number o
respectable persons anxious To obtain admission -
Amongst those most pressing 10 be admitted were
several young men IN deep mourning, with Grape
round their hats.
When the Judges took tl1rr seat, at 10 O'Clock, the
| Judges hall was completely filled.
The several persons against whom the grand jury
had returned tue bills Tor wiiul murder then
called by the crei OF the court
Francis Lionel Eliot.-No answer
Edward Devcs Broughton.-No answer
Mr.. Bodkin aud SAID that their lorlshps
were aware, Nh Broughton had, through his coun.
sci, expressed his intention OF sutcndcrlng hat day
10 meet the charge, aud he then IN readiness
To do, buta note had been received from Nh, Clark
son. his counsel stating that IN consequence oisud-
den 'ndsiposllon lac was unable 10 luldl hls profess
slonal duties. In consequence Mr., Broug hton had
been advised not surrender.
Mr.. Justice Nauehan--Ilc would have been very
safe IN Your hands, Nh Bodkin bur II the man Is NOT
herr he cannot be rltd.
The crter WAS then directed 10 cali
John Noung--Auswer Here"
Henry " cbbcr-Auswer Here"
The above named individuals then surrendered
and were placed ia the prisoners dock.
Young, who is u years oil age, atrcd IN deep
mourning. Webbcr aged 20 wo,e a blue eoatwith
cloth buttons.
Mr.. Chambers appeared as counsel for the pose
cnton; Mr.. Adolphus defended Webbcr and Mr
Phillips, Young.
The Indictment thcn read at length. 1t char
ced the prisoners with having w,Ilulty leloniously
and with malice atorethought aided. abeucd, couu-
selling, comforting and tountenancing Francis Lilo
mel Ehot,on tie ed o August. IN the parish Of VIM
bedon IN frlng pistol loaded with ball at Charles
Flower Mirnn, and that the bali from the said pistol
did strike and penetrate the right side of the said
Charles Flower Muffin, causing n wound one inch
IN breadth aud inches in depth; and that the phi
soners did aid, abct countcnancc. &c. in killing
and numbering The said Charles Flower Muffin.
The prisoners also stoUd indicted on the coroners
warrant and the inquest luty teldic iot wiiul muir
der.
The prisoners pleaded not guilty in firm voice.
Mr.. Chambers SAID he appeared ON the part OF the
prosecution, and to state the circumstances which
led to the present important and solemn inquiry
In the first place he had to lmplofc them to dismiss
from Their minds the daily rumots and reports which
had been promulgated; indeed, he quite salts
fed that II would be unnecessary FOR him to caution
them further. On the facts OF the to DO proved
they were alone to decide As to the practice OF
duelng, IL was not his Office an advocate To en-
any discussion, or reason upon any opinions
respecting II, but plainly to state the case upon
which they would have to decide As 10 the law,
II did not recognise the nice points Of honor cal
| led in the language Of duellng. The law of En-
gland, however, had that regard for the inrmiy of
mankind that the offence charged might be reduced
to maDsaughter. The learned counsel then stated
the law, observing that II would be doubt more
fully, and certainly more ably DONE by the learned
judge. They had heard the officer of the Court read
the indictment, describing the charge. 1t would ap-
pear that the two prisoners, Weber and Young,
with Francis Lionel Eliot, present ut duel
| aud the next enquiry will be, whether the prisoners
there by mere accident as lockers whether
they were not assisting IN and countcnantlng the
duel. IL often happened III such cases that they
involved in mystery ms well as the origin OF The
quarrel. He would, however, commence a narrative
OF the facts by hrst taking up Eliot, Young and
Weber, On the day before the fatal duel Mr..
Chambers then proceeded To state the chief circnm-
stances as detailed by the witnesses, and concluded
by observing that the law applicable tho case was
clearly written, that all persons Witnessing and com
IenancIng duel were guilty Of murder. He was
| glad the prisoners were defended of them, at
least by the ablest counsel at The bar OF criminal law
in England. Mr.. Chambers then called the witness
cs.
Here follows the testimony which proved all the
circumstances of the duel. Mr.. Thomas Gotobed
and Il number OF other witnesses, including the
geon and coachman, were examined.
Mr.. Adolphus addressed the Jury for Weber,
first commenting on the prejudice which had been
raised IN the public mind through the medium of the
newspapers and other channels. 1t only within
the last 2i hours that he had read paragraph,
pied nom country paper, recommending the man
ner in which duellists should be treated-but he
would not pursue that subject further. The learn
ed counsel then advertcd to elong continued prac-
tlce OF duelng and that persons IN the highest sta
ton the most distinguished in the country had
been compelled by the usaces Of society, to engage
/ in dues and quoted an instance the celebrated
duel between Chas. James Fox and the Right Hon.
! Mr.. Arlington. Mr.. Adophus then called the at
tention OF the jury TO a duel which took place in
! 1903, when Captain Macnamara was tined in the
Old Bailey Court for murder. In that case, one of
| the principals WIZ killed, and the survivor DANCE
/ rousy wounded. One of the most illusrious orna-
mens OF the bar Lord EIskine, prepared the defence
4 which made by Captain Mcnamara. The
learned counsel here read two extracts from that de
fence to show that Capt. Macnamara's position in
society, the proyocaion he had received, &c. com
PEELED him to meet the individual who had insued
him. Mr. Adpphus dwe on this case, and conclu-
ded by stating that the jury acquitted Capt. Macna-
mara.
| Mr. Baron Alderson-Then that was wrong find
ing, If he did kill his antagonist for the crime
murder | suppose the jury thong bit he did not Kill
the
! Mr.. Adophus said he did no, stand there to Justify
duclling, but to show the feeling olthe jury that
| occasion.
Mr.. Justice Vaughan said he believed that in the
case the learned counsel referred TO there was some
doubt to identity
Mr.. Baron Alderson.-l hope so for the sake of the
jury. His lordshp expressed this observation with
marked emphasis
l MIR. Adolphus proceeded in the defence nj con
siderable length contendng that there was proc
of Webber's participation in the duel, or that ht
was present when the loading ard firing took place
The learned counsel having called attention TO the
fact Of his client having boldly come forward before
jury ofhs country, when he might have avoided
the serious charge against him, not being under bal
or recognizance concluded by saying he would call
number of respectable witnesses who would give thu
prisoner the hi CHEST character for humanity and be