Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1914-08-29
TRIAL OF
MAJOR ONEBY

It was during the period that Lord
Robert Raymond was CHIEF justice o.
England that the law of murder ana
rlanslaughter was brought to the de-
gree of precision in which we now
find it. with all it's nice distinctions
and refined qualifications. The prac-
tice then prevailed of the jury find
ing the facts by a special verdict,
and leaving the guilt or innocence,
or the degree of guilt Of the prison.
er as a question of law to the judges.
One of the most interesting cases
CT this kind was the trial of Major
onebv for the murder of Mr. Cover.
These two gentlemen, noted for their
fashion and gallantry, had dispute
while playing at hazard in a tavern
in Drury Lane, and the prisoner
called the deceased "an impertinent
puppy" The deceased answered,
whoever calls me SO is a rascal
The prisone- then threw a bottle at
the head of Cover, which brushed
His perbuke as it passed, and beat
some hair powder from it.
At this the deceased tossed a cam
die at the prisoner without hitting
him. They both drew their swords,
but were prevented by the company
from fighting. and they again sat
down to play. At the expiration of
an hour the deceased said to the
prisoner, we have had hot words;
you were the aggressor, but l think
we may pass it over" and at the
same time offering him his hand.
| Tc this the prisoner answered, mo.
damn you. will have your blood"
| The reckoning being paid. the COM
pany had all left the room except
the prisoner. who. addressing Cover,
said, young man, come back; ] have
! something to say to YOU"
| Cover returned Immediately the
door was closed, and the clashing of
swords was heard. When the com
pany returned they found that Cow
er had been run through the body
by Oneby and died the next day
The deceased, on his death-bed, be-
| ing asked if he thought he received
his wound in a manner called fair
among swordsmen, answered, 81
| think I did,
At the trial the jury found tina,
from the throwing of the bottle till
the mortal thrust was given, there
had been no reconciliation between
the parties; but whether this was
was murder or manslaughter they
prayed the advice of the court. The
counsel was about two years ir
drawing up the special verdict which
stated these facts; and the prosecu.
tor took no steps to bring the cast
to hearing. But the prisoner, wht
had been living all the time gail.
at Newgate, grew very confident ant
begged counsel to move the court Il
fix day for proclaiming his limo
cence. The special verdict was twic,
argued; first before the four judge
of the kings bench, and then befor,
the twelve judges of England.
Sergeant Eyre and Mr.. Lee. VIII,
later became chief justice. who wer
counsel for the prisoner, argued tina
this was a case of manslaughte-, TO
which the punishment was merel.
burning in the hand; contending tina
) | there was mere no HldlICe dIOTc
. thought. which was necessary to muir
der. They further argued that
person was excused for what he doe
in a passion; that the calling Of TIL
, prisoner a rascal was what n
? man of honor could put up with, an
, this was the beginning of the quar-
rel.
Chief Justice Raymond, in a ve-
, | long and most admirable speech. pro
nounced the unanimous opinion @
, all the judges that the prisoner wa