The Sun. — 1830-01-14 (London, England)

CHAMBERS—Did Mr. Clayton fire first ? The prisoner said, as far as he knew, both of them  _ fired together when the word was given. He considered that it would have been cowardly on his part not to have fired at his antagonist, who would not then have had an opportunity of having a second shot at him, if he still considered that he had not received full satisfaction.  Mr. CHAMBERS here remarked, that it was a most serious business, and strongly recommended the prisoner to prepare himself for the worst, declaring it,as his firm opinion, the law would be carried to the fullest extent.  The prisoner said, that he had ncted precisely in the manner that any man similarly situated would have done. He had served as un officer in the  army, and trusted that he had never tarnished the name of a soldier; and let the result be what it might, he should bear his misfortunes, although lie deplored the event that had involved him in the  predicament in which he rras thin placed in. Mr. CHAMBERS inquired what regiment he belonged to, and his rank. The prisoner said, that he formerly belonged to the 43d, in which he was a Lieutenant, and served with that regiment in America, and afterwards at Waterloo. At the time of the peace he got into the 3d Uarrison Battalion, and subsequently into the Ceylon Regiment, from which lie sold out.  Fisher, the police constable, said, that the prisoner had told him that the reason he sold out of the  Army was in consequence of his haring been tried by a general court-martial for fighting a duel with a brother officer in India.  The prisoner, however, denied the words attri hilted to him, saying, that could be very easily ascertained of Sir Herbert Taylor that he had not been obliged to sell out of the Army, but that ho did it spontaneously. Hall said, that •n the way to this office in the coach, the prisoner was asked by Fisher at what distance the duel was fought. The prisoner replied, saying, "Mr. Clayton wanted to fight at 14 paces, but I opposed it, preferring a distance of eight or ten paces, adding at the same time that I considered 14 paces was a murdering distance, and I gave my reasons, telling that gentleman, what I have always believed, that the nearer you stand to your antagonist the less likelihood there was of his ball taking effect." It was ultimately agreed, however, that they should fight at 12 paces. The prisoner upon that occasion also said that Mr. Clayton had an nd, vantage over him, his pistols having percussion locks,. and those he brought to the ground being common capped locks.  Mr. CHAMBERS alluded to the situation which Mr. Clayton took on the ground, and said that it had been asserted a white spar projected from the wall, close to which the defendant stood when he was shot.  The prisoner declared that he was not aware or  it, for at the distance he could discern no object. plainly, it being nearly dark at the time. The de-' ceased, he added, had his choice of the ground, and if he considered that his position was unfavourable to him, he could have easily changed it by expressing a desire to do so.  The examination here concluded, and the evie dence of the witnesses, together with the statement made by the prisoner, having been read over to him, his commitment to the county gaol was then made out, Mr. CHAMBCRS telling him that he should be remanded until Tuesday, to give time for the officers to apprehend the other person concerned in the duel.  The prisoner was offered food previous to I►is leaving the office, but he declined, although it was said he had not taken any for a considerable time.