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


! the prisoners Were defended one Of them, at
least, by the ablest counsel at the bar Of crimi-
nal law in England. Mr.. Chambers then
called the witnesses.
Here follows the testimony which proved
all the circumstances Of the duel. Mr.. Tho
mas Gotobed and number Of other witnesses,
including the surgeon and coachman, were
examined.
Mr.. Adolphus addressed the jury for Web
Der, first commenting on the prejudice which
had been raised in the public mind through the
medium Of the newspapers and other chan
nels. II was only within the last "a hours
that he had read paragraph, copied from a
country paper, recommending the manner in
which duelsts should be treated-but he would
not pursue that subject further. The learned
counsel then adverted to the long continued
practice Of duelling, and that persons in the
highest stations, the most distinguished in the
country had been compelled, by the usases Of
society, to engage IN ducls; and quoted as an
instance the celebrated duel between Chas.
James Fox and the Right Hon. Mr.. Adding
ton. Mr.. Adoiphus then called the attention
Of the jury to duel which took place in
1903. when Captain Macnamara was tried
in the Old Bailey Court for murder. In that
! case, one of the. principals was killed, and the
survivor dangerously wounded. One Of the
most iustrious ornaments Of the bar, Lord
Erkskine, prepared the defence which was
made by Captain Mcnamara. The learned
counsel here read two extracts from that de-
| fence to show that Captain Macnnmaras po-
sition in society, the provocation he had re-
ceived, &C., compelled him TO meet the indi-
vidual who had nsuIted him. Mr.. Adophus
dwelt on this case, and concluded by stating
that the jury acquitted Capt. Mcnamara.
Mr.. Baron Alderson.-Then that was
wrong finding, if he did kill his antagonist,
for the crime was murder. l suppose the jury
thought he did not kill the man.
Mr.. Adolphus said he did not stand there to
justify duelling, but to show the feeling of the
jury on that occasion.
Mr.. Justice Vaughan said he believed that
in the case the learned counsel referred to
there was some doubt as to identity.
Mr.. Baron Alderson.-I hope so for the
sake of the jury. His lordship expressed
this observation with marked emphasis
Mr.. Adolphus proceeded in the defence ut
considerable length, contending that there was
no proof Of Webber's participation in the duel,
or that he was present when the loading and
firing took place. The learned counsel hav
ing called attention to the fact Of his client
having boldly come forward before jury Of
his country, when he might have avoided the
serious charge against him, not being under
bail or recognzance, concluded by saying he
would call number Of respectable witnesses
who would give the prisoner the highest cha
racter for humanity and benevolence of dispo-
sition.
Mr.. Phillips then addressed the jury for
Young in heightened speech, observing that
at first he came into this court with fear and
trembling, suPposing the young gentleman it
was his duty to defend had been engaged in
an unfair duel, in which there had been unfair
oadngs and unfair firing. That, however,
by the clear evidence adduced even for the
prosecution, had been completely disproved
and yet it had been asserted and published,
that when the duel took place one of the par
ties said to Eliot, " You have nothing to fear,
it's all right" Daily calumnes had been pub
lished-base calumnes he had right to term
them. Could any person, after reading them,
come into the court without supposing there
had been an unfair duel? and it was on that
account he had put the question to Mr. Scott
as to the loading Of the pistols. Now it had
been proved by the evidence, over and over
again, that there was not anything Unfair
Still, however, he was aware as they would
be told by the learned Judge, that the fairness
or unfairness had nothing to do with the main
charge against the prisoners. The learned
counsel reverted to the place where the quar-
rel between the parties originated Saloon
in Piccadlly, in which the minds OF young
men were debauched, and the perditon Of
their souls perlled and yet the magistrates.
aware of the notorious place he had referred
to, and who enforced the strict letter of law,
allowed, eye winked at, the existence and car
rying on of such abominable places. He con-
tended there was no proof of Mr.. Young hav-
ing been present when the duel took place, and
argued that at least one person out of the num-
Der first on the common was not present at the |
loading or firing. The learned counsel, again
commenting in severe terms on the conduct
of the public press, in giving publicity to un-
founded reports, rumors, and msinuations,
stated that Mr.. Young was the son of a re-
spectacle and independent gentleman, who al
lowed him sufficient competency. After
repeating the main points OF Defence. the
learned advocate concluded by calling for
verdict. Of acquittal.
Several highly respectable witnesses were
then called, who gave the prisoners the best
character for kindness, humanity inoffensive-
ness, and general benevolence.
Mr.. Justice Vaughan proceeded to sum up
the whole case, which he said was one of
most important and anxious description. His
ordship, in referring to the illusions that had
been made 10 what had taken place out Of
doors in reference to the circumstances which
had given rise to the present inquiry, said he
was sure that the jury would not allow their
minds to be affected by any thing that might
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